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Full text of "The revised statutes of South Carolina."

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in 2010 with funding from 

Lyrasis IVIembers and Sloan Foundation 



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> 



Tiir: 

r1':yised statutes 



OF 



SOUTH CAROLINA. 



VOL. 1. 



COXTAIXIXG 



THE CIVIL STATl TES, 



ApproTed 1)V the General Assembly of ISO:}. 



rOLUMBTA, S. (". 
tllAULKS A. CALVO, JR., STATK rKlNTKH. 

1894. 



^h 



PREFACE. 



The following Statutes will show the authority under whieh the Statntcs of this 
State were revised as herein contained : 

AN ACT TO Provide for the Revision, Digest anb Arrangement of the 
Statute Laws of the State of South Carolina. 

Section 1. Be if enacted by the Senate and House of Representatives of the State 
of South Ciix-olina, now met and. sitting? in Gonenil Assembly, and by the authority 
of the Siirae, That in pursuance of Section :! of Article V. of the Constitution of this 
State, one Commissioner learned in the law shall be elected, by the General Assembly 
immediately after the appi'ovaJ of this Act, whose duty it sball be t<j revise, digest 
and arrange, under proi)er heads, the body of our laws of a civil character, general 
and |)ermaneut in their nature, which shall be in force at the time when he makes 
his tinal report, following as far as pnu;ticiible the methods and digest pursued in 
the volume known as the General Statutes of South Carolina. He shall likewise, as 
provided in said Constitution, form a Penal Code by making a similar aiTangement, 
revision and consolidation of all laws in force in this State relating to crimes and the 
punislimeut therefor, and shall re^^se, abridge and simplify the rules, practice, plead- 
ings and forms of use in this State in the trial of crimes and misdemeanors. 

Sec. 2. When said Commissioner has completed tihe revision, digest, consolidation 
and aiTangement of the Statutes and the fonnation of the Penal Code, as aforesaid, 
he shall cause a copy of the same, in print, to be submitted to the General Assembly, 
that the Statutes so revised, digested and arranged may be re-enacted, and the Penal 
Code so formed may be adopted and ratified, if the General Assembly shaU so deter- 
mine. And at the same time lie shall suggest to the General Assembly, in a report 
separate and distinct from his said revision, such contradictions and imperfections 
as may appear in the original text, with the manner in which he proposes to recon- 
cile the same : Provided, No amendment or alteration in the Statute or common 
law as the same exist shall be made or contained in his said report. 

Sec. '.i. The Statutes so revised, digested and arranged, and the Penal Code so 
formed, shall, if practicable, be reported to this General Assembly at the beginning 
of its .session in November, ISDl. 

Sec. 4. That the Commissioner so elected shall receive as compensation for his 
services the sum of five thousand dollars ; twenty-five himdred dollars to be jviid him 
out of the appropriation made by the State for the fiscal year ending the thirty-firat 
day of October, 1S'.)0, and twenty five humb-ed dollars tt) Ix" iMiiil hiiu out of tlie appro- 
priation made by the State for the fiscal year ending the thirty-fii-st day of Octolier, 
181)1. He shall also receive for reasonable expenses for clerical services, books, sta- 
tionery and other neccssjiry mattt-rs an allowance not exceeding the sum of five 
huudied dollars, oue-hulf thereof tu bo paid out of each of the said appropriations 



IV PREFACE. 

made for each of the said fiscal years ; said expenditures to be accounted for to the 
Comptroller-Gi ueral on jiniptT vouchers. 

Sec. 5. That the Public Printer shall, and is hereby required to, do such printing 
as the C«miiii.s.>*ioner shall recjuire in the discharge of his duty. 

Approval December 2:^, A. D. IbS'J. 

Undt r and by virtue of thus Act, Judge John J. ilaher was elected Commissioner 
to codify the Statute La\v.s of the State, in December, ISV.*, and at the session of the 
Legislature in 1891 submitted a partial revision, and asked further time to complete 
the work, whereupon the following was enacted : 

AN ACT TO Amend an Act Entitled '"An Act to Provide for the Revision, 
Digest and Arrangement of the Statute Laws of the State of South 
Carolina," Approved December 23rd, A. D. 1889. 

Section 1. Be it enacted by the Senate and House of Representatives of the State 
of South Carolina, now met and sitting in General Assembly, and by the authority 
of the same, That Section 2 of an Act entitled "An Act to provide for the revision, 
digest and arrangement of the Statute Laws of the State of South CaroUna," 
approved December 2-"rd, 1S89, be, and the same is hereby, amended by striking out 
the words "may be re-enacted," and also by striking out the words "adopted and 
ratified,"' and inserting in lieu thereof the word "approved," so that said Section 
shall read as follows : 

Section 2. When said Commissioner has completed the revision, digest, consolida- 
tion and arrangement of the Statutes and the formation of the Penal Code, as afore- 
said, he shall cause a copy of the same, in print, to be submitted to the General 
Assembly, that the Statutes so revised, digested and arranged, and the Penal Code so 
formed, may be approved, if the General Assembly shall so determine. And at the 
same time he shall suggest to the Greneral Assembly, in a report separate and distinct 
from his said revision, such contradictions and imperfections as may appear in the 
original text, with the manner in which he proposes to reconcile the same : Provided, 
No amendment or alteration in the Statute or common law as the same exists shall 
be made or contained in his said report. 

Sec. 2. That Section 3 of the said Act be, and the same is hereby, amended by 
striking out the words " 1891," and inserting in lieu thereof the words " 1S92," so that 
said Section as amended shall read as follows : 

Section 3. The Statutes so revised, digested and arranged, and the Penal Code so 
formed, shall, if practicable, be reported to this Gtencral Assembly at the beginning 
of its session in November, 1^92. 

Sec. 3. That the Commissioner shall receive compensation for the additional period, 
from November, 1891, to November, 1892, at the same rate and payable in the same 
manner as is pro\ided in Section 4 of said Act, provided that said Commissioner shall 
include in said work a complete annotation of the decisions of the Supreme Court of 
this State construing any portion of said Statutes. 

Approved-December 23rd, A. D. 1S91. 



PREFACE. V 

At the session of the Lof^slnturo in ISJI'J, Ju(1k(' Maher n-portcd that on account of 
ill health h(' was unalili' to (((nipli'to tho work, whort-upoTi llif following Act was 
passed: 

AN ACT Relating to the Revision, Digest and Arrangement of the Statcte 

Laws of Tuis State. 

Wficrcas this General Assembly has l(>ani(>(l with reprret, by his own report, that 
the Honorable John J. Maher, heretofore appointed Coinniissioner under the terms 
of an Act entitled "An Act to provide for the revision, digest and arrangement of 
the Statute Laws of the State of South Carolina." approved Decemb<?r 2:}rd, IsSil. is 
unable, on account of his ill health, to complete the work allotted to him under the 
terms of the said Act, and the Act amendatory thereof, approved December 2:ird, 
ISitl. And, whereas, it appears upon examination there is due to the Honorable John 
J. Maher for work done by him under the terms of the Act last mentioned the sum 
of one thousand dollars, such sum to cover the balance due by him to Thomas S. 
Moorman for annotation of the decisions of the Supreme Court of this State required 
by the terms of the said mentioned Act. And, uhcreaN, it appears that there still 
remains in the Treasury a balance of ?1,500 of the amount originally appropriated 
under and by the said Acts for the compensation of the said Commissioner, and also 
the sum of .^IGT of the amount originally appropriated for clerical assistance for the 
said Commissioner. 

Section 1. Be it enacted by the Senate and House of Representatives of the State 
of South Carolina, now met and sitting in General Assembly, and by the authority 
of the same. That the said John J. Maher is, at his own request, relieved from any 
further connection with the said work. 

Sec. 2. That the sum of one thousand dollars be paid to the said John J. Maher 
out of the amount heretofore appropriated for the work so done by him vmder the 
terms of the said Act of December 28rd, ISttl, upon condition that the said John J. 
Maher do turn over to the Commissioner to be appointed under the terms of this Act 
all notes and annotations and work done by him under the provisions of the said 
Acts or either of them. 

Sec. 3. That the Governor of this State be, and he is hereby, authorized to appoint 
some fit and comjjetent person to complete the work contemplated and provided for 
in the said Acts, including the proper indices to all parte thereof. 

Sec. 4. That the compensation to be paid to the said Commissioner shall be the sum 
of fifteen hundred dollars, and that he be further allowed to expend the unexpended 
balance of one hundred and sixty -seven dollars above mentioned for such clerical 
assistance as he may find necessary, such exiwnditures to be aceoimted for to the 
Comptroller-General on proper vt)ueher8 : Provided, That the said Commissioner be 
ri)pointed upon the condition that the said work shall be entirely completed and be 
submitted to the General As.sembly at its next session in November, A. D. is<t:?, and 
that the amount hereby a]ipropriatcd, to wit, the sum of fifteen hundred dollare, to 
be taken and received by him as full compensation for all of the said work. 

Sec. .'». That the report of the said Commissioner bo subinitt<-d to the n.ext (Jeneral 
A.ssembly in print, and that the printing thereof be done by the Public Printer. 

Approved December 24th, A. D. 1S'J2. 



VI PREFACE. 

By virtue of the last mentioued Act, the Governor, on the 3d day of February, 1893, 
appointed the undersigned to complete the re^^sion of the Statute Laws of the State 
as provided by the Statutes rt^lating thereto. 

Parts I.. II., and III., wore revised by Judge Mulu-r up to and including the Acta 
of ISIHJ. aud were rejwrted to the Legislature in is'.u. 

This part of the work, after making the changes and additions mode necessary by 
the Acts of 18!>1 and of IB'.t,'. was reported by me to the General Assembly at its 
session in 1 893, as Volume 1. together with the Ck)de of Civil Prcxredure and the 
Criminal Statutes as Volume 'J. Ui)on consideration of said report the Legislature 
passed the two follo's\'ing Acts : 

AN ACT TO Approve the Revision of the Statutes Made by J.' E. Breazeaue 
AS A Revision, Digest and Aerangement of the STATrxE Law of This 
State. 

Whei-eaa the General Assembly of this State, in and bj^ a certain Act entitled "An 
Act to provide for the revision, digest and arrangement of the Statute Laws of the 
State of South Carolina,"' approved December 3d, 1889, and a certain, other Act 
amendatory thereof entitled "An Act to amend an Act entitled 'An Act to provide 
for the re\ision, digestion and arrangement of the Statute Laws of the State of South 
Carolina," approved December 2^id, 18S9," such amendatorj- Act having been approved 
December 2od, 1891, did provide for the election of one Commissioner by the General 
Assembly, whose duty it should be to revise, digest aud arrange under proper heads 
the body of our laws of a civil aud criminal character, general and permanent in 
their nature, which should be in force at the time when he shoiild make his final re- 
port. And that when the said Commissioner had completed the said revision, digest 
and arrangement of the Statute Laws, civil and criminal, he should cause a copy of 
the same, in print, to be submitted to the General Assembly, that the Statutes so 
revised, digested and arranged may be approved if the General Assembly shoidd so 
determine, .and at the same time he should suggest to the General Assembly, in a 
report separate and distinct from his said revision, such contradictions and imper- 
fections as may api)ear in the oi-iginal text, and the manner in which he proposed to 
revise the same : Provided. No amendm.ent in the Statute or Common Law, as the 
same then exist, shall be made or contained in his said report ; and »<7jp»-pn.s-, thereaf- 
ter, the General Assembly, by an Act entitled "An Act relating to the revision, digest 
and arrangement of the Statute Laws of this State," approved December 24th, 1892, 
did accept the resignation of the Hon. John J. Maher, theretofore appointed Com- 
missioner, and did authorize the Governor to appoint some other competent and fit 
person to complete the work contemplated and pro\ided for in the Act aforesaid : 
and whereas the Governor of this State, acting under the authority so conferred, has 
appointed the Hon. John E. Breazeale as the Commissioner to make the revision, 
digestion and arrangement of the said Statutes as provided for in the said Acts ; and 
2vhereqs the said John E. Brejizeale has completed the said work and has submitted 
to this General Assembly his report embracing the revision, digest and arrangement 
of the said Civil and Criminal Law of the State as it stood at the date of the said 
report, to wit, on the twenty-eighth day of November, A. D. 1893 : 



PREFACE. VII 

Section 1. /?(• il cnncted by the Senate and House of Representatives of the State 
of Soutli Caroliua, ncnvmot and sittinfif in Gi-ncral AHHcmbly. and by the authority of 
the saiiu', Tliat thu said ri-port of the said John E. Breazcalr Iw, und the wime is 
hereby, ai)proved as a revision, digest and arrnuKement of the Statute Law, civil and 
criminal, of the State of South Carolina as it stood at the date of the said report, to 
wit, on the twenty-eiphth day of November, in the year of our Lord one thousand 
eipht hundred and ninety-three : and that the said revisicm, digest and arrangement 
sludl have the force jind effect contemjilated by Section three of Article V. of the 
Constitution of the State of South Carolina. 

Sec. 'J. That the said John E. Breazeale, in the performance of the duties devolv- 
ing upon him under an Act entitled "An Act to provide for the more complete pre- 
paration of the Civil Statutes, Ciiminal Statutes and Code of Civil Procedure, and 
for the distribution and sale of the same, and for additional compensation for Com- 
missioner," be, and he is hereby, authorized and directed to correct such errors, typo- 
graphical or otherwise, as upon examination he may find to exist in said re\ision, 
digest and arrangement. 

Approved Januarj' 4th, A. D. 1S94. 

AN ACT TO Provide for the More Complete Preparatiox of the CrviL 
Statutes, Criminal Statutes and Code of Civil Procedure, and for the 
Distribution and Sale of the Same, and for Additional Compensation 
for Commissioner. 

Section 1. Be it enacted by the Senate and House of Representatives of the State 
of South Carolina, now met and sitting in General Assembly, and by the authority of 
the same, That J. E. Breazeale, Commissioner, appointed under the provisions of an 
Act entitled "An Act relating to the re^'ision, digest and arrangement of the Statute 
Laws of the State,' approved December 24, 1S!)2, be, and he is hereby, instructed to 
superintend the printing thereof in permanent form in two volumes, one volume to 
contain the Civil Statutes and one volume to contain the Code of Civil Procedure and 
the Criminal Statutes and the Constitution of the United States and the Constitution 
of this State and the Rules of Court. 

Sec. 2. That said Commissioner be, and he is hereby, authorized and instructed to 
embody in the said volximes, without alteration or amendment, such Acts and Joint 
Resolutions passed and approved at the present session of the General Assembly of a 
general and permanent character. 

Sec. 3. Tliat the said Commis.>^ioner be, and he is hereby, authorized to enumerate 
the subdivisions of said Statutes and said Code, and all such Acts and imrts of Acts, 
Joint Resolutions and parts of Joint Resolutions, as he may embody therein, correct- 
ing any enumerations in Sections of the said Statutes and Code as may become neces- 
sary by reason of any change or changes therein by action of the General Assembly, 
either in expunging Sections or in adding Sections during the jjassage thereof, or by 
the embodj-ing therein of Acts or Joint Resolutions, or parts thereof, as aforesaid. 

Sec. 4. That the said Commissioner shall include in said volumes a complete anno- 
tation of the decisions of the Supn-me Court of this State lonstruing any portion of 
said Statutes or of said Code, or of said Constitutions and Rules of Court. 



Till PBEFACE. 

Sbc. 5. That the State Printer shall furnish the entire edition, to wit, two thousand 
copies thereof, to the Secretary of State, who shall furnish each member of the Gen- 
eral Assembly with a copy thereof bound in culf, distribute and proWde for the sale 
of the remainini? copies thereof in the same manner as the distribution and sale of 
the General Statutes of 1S»2 was provided for in an Act entitled "An Act to provide 
for the distribution and sale of the General Statutes of the State," approved February 
9, A. D. ias2 : Provided, That the Secretary' of State shall deliver to the State 
Librarian a sufficient number of said volumes bound in calf to make exchiinges with 
other States and Territories and to supply the officers and libraries designated in Sec- 
tion 40 of the General Statutes and in the Acts amending the same, exc«pt such 
officers and libraries as are provided in the Act above mentioned to be supplied by 
the Secretary of State. 

Sec. 6. That J. E. Breazeale, Commissioner, be paid the sum of five hundred dol- 
lars as full compensation for the work hereinbefore imposed on him. 

Approved December 22d, A. D. 1893. 

Under and by virtue of the two last mentioned Acts, I have incorporated the Acts 
of 1893 in these Statutes, by inserting the Acts under their appropriate heads, and 
the amended Acts as amended, and have omitted those Acts or Sections which were 
repealed. 

The Sections herein relating to County Supervisors and County Boards of Commis- 
sioners do not go into effect until January 1st, 1895, but are inserted so as to have 
the benefit of them after that date. 

The annotations of the decisions of the Supreme Court, except those from the 
Thirty-seventh Volume, are by Thomas S. Moorman, Esq. 

The Constitutions of the United States and of the State, and the Rules of the 
Supreme and the Circuit Courts of the State, are inserted without annotations of 
decisions, for want of time to do the work properly. J. E. BREAZEALE. 



TABLE OF CONTENTS. 



I^^IE^T I. 



OF THE JNTFAIXAL ADMJNISTRATIOX OF THE (SOV- 

ERNMENT. 



TITLE I. 

Of the Jurisdiction of the State — General Assembly — 
Statutes — Public Reports and Documents — Public 
Property — Census. 

PAGE. 

Chapter I. — Tlie Jurisdiction of the State and Cessions to 

the United States 1 

Chapter II. — The General Assembly. 

Article 1. General provisions 16 

Article 2. Claims against the State 20 

Article 3. Introduction of measures for private purposes. ... 'Zl 

Article Jf. Special provisions as to Legislative enactments. . . 22 

Chapter III.— The Public Printing 23 

Chapter IV.— The Statutes 28 

Chaptkr V, — Pu]>lic Peports and Documents .30 

Chapter \l. — The Public Property. 

Article 1. Charge of the property of the State — The Sink- 
ing Fund Commission 34 

Article 2. Land containing phosphate rock and ])hosphate 

deposits — Phosphate Commissioners 30 

Articles. Other property of State — miscellaneous provi- 
sions 4".' 

Chapter \' II.— The Census 44 

TITLE II. 

Of Elections. 

CiiAPTER VIII. — The Qualifu-ation and Pegistration of Electors. 47 
Chapter IX. — Location and Xames of \'otin<i: Precincts o7 



X TABLE OF CONTENTS. 

PAGE. 

Chapter X. — The ^famier of Conducting Elections and He- 
turn ing A'otes. 

A riicle 1. The general election 05 

Article 2. Commissioners and Manajrers of Elections Go 

Article 3. Formation and proceedings of the B«nird ai County 

Canvassers C!J 

Article J^. Formation and proceedings of the H(nird of State 

Canvassers T2 

Chapter XL — The Election of Representatives in Congress and 
Electors of President and Vice-President. 

Article 1. Election of Representatives in Congress 'A 

Article 2. Election of Electors of President and Vice-Presi- 
dent, and formation and proceedings of the 

Electoral College TG 

Chapter XII. — The Election of County Officers TO 

Chapter XIII. — Primary Elections " 80 

TITLE III. 
Of the Assessment and Collection of Taxes. 

Chapter XIV. — The Assessment of Taxes. 

Article 1. Subjects and lien of taxes 82 

Article 2. Definition of terms 84 

Article 8. Property exempt from taxation 8G 

Article 4- General rules as to the return and assessment of 

property 88 

Article 5. Special provisions as to returns of merchants, 
manufacturers and pawnbrokers, and respect- 
ing mines and mining claims 91 

Article 6. Special rules as to returns and assessments of rail- 
road, express, telegraph and insurance com- 
panies, and provisions as to other corpora- 
tions 03 

Article 7. Special rules as to banks and bank stock, and 
incorporated bankers and banking associa- 
tions 101 

Article 8. Proceedings on default of return and penalties 

therefor — valuation of property for taxation. . 105 

Article 9. The County Auditor — appointment, tenure of 

office, and general powers and duties 107 

Article JO. Boards of Assessors and Boards of Equalization 

and their functions 110 



tahli: of contkxts. xi 

pagf:. 

CirAPTKK XV. — Tlic ("olU'ctioii of T-ixos. 

Jr/ific J. 'Vhv ('oiinty Treiisuivr — appointmoiit, (enure of 

oHice, eompensation. &.r Til 

Article ~. Towi'i's jind duties of County 'rrcasurcr. and other 

provisions coneernin<,' the eollcetion of taxes. . . \'ii'> 
Article 3. Remedies and proceedings for relief of taxpayers. i:n 

Article Jf. Enforced collection of dclinr|nent taxes 1:J4 

Article 5. Annual settlements of County Treasurers 14:5 

Article 6. Forfeited and abandoned lands — special provisions. 14(j 

TITLE IV. 

Chapter XVI.— Of the Militia. 

A rticle 1. General provisions 1 48 

Article 2. The Adjutant and Inspector-(ieneral \'u\ 

A rtirle 3. Organization — election of oilicers, &c \'A\ 

A rticle ^. The Fourth Brigade 1 W 

Article J. Arms, parades, drills, &c KI2 

Article 6. Courts martial and Courts of inquiry 1G7 

TITLE V. 
Chapter XVII. — Of Counties and their Corporate Powers 173 

TITLE VI. 
Of State and Couxty Officers. 

Chapter XVIII. — General Provisions Relating to Public Officers. 

A rticle 1. Official oaths and bonds 180 

Ai. rticle 2. Sale of public offices I'.XJ 

Article 3. Miscellaneous provisions 1U7 

Chapter XIX. — The Executive Department and Oflic-es Con- 
nected Therewith. 

Article 1. General provisions 109 

Article 2. The (Jovornor and Lieutenant-Governor •.'()(• 

Article 3. The Secretary of State •.*<i4 

Article 4- The Attorney-General and Solicitors ".Mm; 

Article o. The State Cv)nstables and Deputies -.MiO 

A rticle 0. Xotaries Pul)lic •-'In 

Article 7. Commissioners of Deeds "J 11 

A rticle S. The Comptroller-General --.M -J 

.i rticle 0. The State Treasurer ^'I'i 



XII TABLE OF CONTENTS. 

PAGE. 

Chapter XX. — Comity Onieers. 

Article 1. The County Board of Commissioners 2'23 

Article 2. The Sheriff 238 

Article 3. The Coroner -ZoO 

Article Jf. The Clerk of Circuit Court 255 

Article 5. The Ixe^ister of Mesne Conveyances 2G8 

Article 6. The Judge of Prol):ite 272 

A rticle 7. The Master 270 

A rticle 8. Trial Justices 280 

Article 9. Constables 317 

TITLE VII. 

Of Public Charges. 

Chapter XXI. — Paupers 321 

Chapter XXII.— Estate of Dr. John De La Howe— The Downer 

Fund — The Beresford Fund 325 

Chapter XXIII. —Pensions 328 

TITLE VIII. 

Of the Public Health. 

Chapter XXIV. — Board of Health— Physicians, Apothecaries 
and Dentists — Quarantine. 

Article 1. Boards of Health 333 

Article 2. Physicians, apothecaries and dentists 339 

Article 3. Quarantine 345 

TITLE IX. 
Of Public Ixstructiox. 

Chapter XXV.— Free Public Scliools. 

Article 1. State Superintendent of Education 350 

Article 2. State Board of Examiners 3G(> 

Article 3. -County School Commissioners 3G3 

Article 4. County Board of Examiners 3G9 

Article 5. School Districts and Trustees 371 

Article 0. Scholastic period ; teachers, and school funds. . . . 37G 

Article 7. Schools in Charleston County ; special provisions. 379 

Chapter XXVI.— The University of South Carolina 381 



TAHLI-: OF CONTKNTS. XII [ 

i'A<ii;. 
Cmai'Ti;!; XX^'I I. - 'I'lic Ck'nisoii A^^ricultural Colli -r,. „f Soulli 

(";iri)li!ia, 1111(1 the Sj)eci:il I'liMic I'owerri 
and iMities ol" tlic; lioanl nf 'I'rustees 
'riicrcof. 

ArlicJoJ. Tlic Clcmsdii A<^'ririiltiiral ('ullcfjo ,'JH8 

Aii!ch2. .Special |iiililic powers and duties of I'oard of 

Trustees WXl 

CrrAi'Ti'U .XW'III. — Soutli Carolina Institute for the Edueation 

of the Deaf, Duiiih and the illind ;3'.i;j 

CirAPTKii XXIX. — The AVinthro]) Xonnal and indiislriai Col- 
lege ;j'»7 

TITLE X. 

Of "Ways, Bridges, Ferries, Dams and Drains, General 
Stock Law, and Fencing .Stock. 

CiiArTEii XXX. — Highways, Eight of Way for Highways, 

Roads and Streets, and Repair of High- 
ways and Bridges. 

Article 1. Higliways ; general provisions 4ul 

Article 2. Right of way and lands for higliways, roads and 

streets ; manner of oljtaining 405 

Article 3. Repair of highways and bridges 411 

Chapter XXXI. — Water Courses and Cuts 41 'J 

Chapter XXXII. — Bridges, Turnpikes and Ferries. 

Article 1. Bridges 4-23 

Article 2. Turnpike roads and bridges 425 

Article 3. Ferries and bridges 42G 

Article 4- Miscellaneous provisions 429 

Chapter XXX III, — The Saluda Mountain Road 434 

Chapter XXXIV. — Dams and Drains and Drainage in Certain 

Counties. 

Article 1. Dams and drains 435 

Article 2. Drainage in certain Counties 439 

Article 3. Right of way for drainage 443 

Chai'Ti;r XX X \'. — (jeneral Stock Law and Fencing Stock ; and 

Special Provisions as to Fencing Fields 
and Crops in Places Excepted. 

Article 1. CJeneral Stock I /iw 445 

Article 2. Special provisions as to fencing lields and cro])s in 

places excepted 447 



XIV TABLE OF COXTENTS. 

PAGE. 

TITLE XL 

Of the Kkoclatiok of Tuadk in C'eutaix Casks. 

CnAPTKii XX.Wl. — Regulations Kesja'cting Coinniereial Fer- 
tilizers, Cotton, the Inspection and 
Sale of Provisions and Other Merchan- 
dise, and the Inspection of 'J'iinber 
and Lumber. 

J rticle 1. Commercial fertilizers 450 

A rticle 2. Cotton 452 

Article 3. Inspection of flour ; grain 453 

A rticle Jf. Gauging liquors ; naval stores 458 

Article 5. Pork and beef ; staves and shingles 4G0 

Article 6. Inspection of timber and lumber 4G2 

Chapter XXXVII. — Auctions and Vendues 404 

Chapter XXX\'I1I. — Weights and Measures 465 

Chapter XXXIX.— Pilotage 400 

Chapter XL. — Money ; Interest ; Bills of Exchange and 

Promissory ?s otes ; Agency. 

Article 1. Money ; interest 4T9 

Article 2. Bills of exchange and promissory notes 481 

Article 3. Agency 485 

Chapter XLI. — Limited Partnerships 48G 

Chapter XLII. — Common Carriers,. AVarehousemen and 

Other Bailees for Hire 401 

Chapter XLIII. — Hawkers and Peddlers 495 

TITLE XIL 

Of Corporations and Unixcorpokated Associatioxs. 

Chapter XLIV. — Banks and Banking 497 

Chapter XLV. — Foreign Corporations Generally 499 

Chapter XLVL— Insurance Companies 501 

Chapter XLA'II. — Foreign Surety Companies 507 

Chapter XLVIII. — Provisions Applicable to Corporations 

Generally 513 

Chapter XLIX. — Corporations Organized Louder General 

Laws. 

Article 1. Business corporations 510 

Article 2. Charital)le, social and religious societies 522 



TABLE OF CONTENTS. XV 

I'AGi:. 

('iiAPTKii Tj. — CorporiitioMrf ()r<:fanize(] mulcr ('lmrl( r?. 

Arllrle 1. Banking; companies 523 

A r/icle 2. Railroad coin panics ')'l'^ 

Article 3. Steamboat companies 7)'iS 

Article Jf. Towns of one thousand inhaliitants or moic 531 

Article ■'). Towns of less than one lliousand iidiabitant.s 539 

CiiAPTHK LI. — Railroads— General Railroad l^aw. 

Article 1. General provisions .')43 

Article 2. FormatioJi of (M)rporations by purchasers 547 

Article 3. Consoli(bitioi\ of compainesaiid otherprovisions .. 550 

Article Jf. The linilroad Commissioners 554 

Article o. J'rovisions as to discrimination and unreason- 
able charges 562 

Article 0. Regulations as to running trains on Sunday and 

carrying of animals 573 

Article 7. Regulations for the prevention of accidents, 

and concerning the responsibility therefor. . . . 574 
Article S. Regulations for the accommodation, conveni- 
ence and protection of passengers, and in re- 
spect to merchandise 582 

Article 9. Railroad crossings ; cattle guards 58G 

Article 10. Certain offenses; fines, penalties and forfeit- 
ures, etc 588 

A rticle 11. Right of way 592 

Chapter LIL — Draining Corporations- 597 

Chaptee LIII. — Unincorporated Joint Stock and Other Asso- 
ciations 601 

TITLE XIIL 

Of THE Internal Police of the State. 

CiiAPTEU LIV. — The State Lunatic Asylum 003 

Chapter LV. — Estrays 009 

Chapter LVI. — Wrecks and Shipwrecked Goods 612 

Chapter LVII. — Immigrants and Seamen 614 

Chapter LVIII. — Protection of Fish and Sheep 616 

Chapter LIX. — Gambling Contracts and Contracts of Sale for 
Future Delivery. 

Article 1. Gambling contracts 623 

Article 2. Contracts of sale for future delivery 625 

Chapter LX. — Licenses. 

Article 1. Sale of spirituous li(ju()rs 027 

Arliciv .'. Plays, shows, &.c 629 



XVr TABLE OF CONTEXTS. 

OF THE ACQUISITIOX, THE ENJOY M EXT AND THE 
TRANSMISSION OF PROP Ell TV, REAL AND PER- 
SONAL, THE DOMESTIC RELATIONS, AND OTHER 
MATTERS CONNECTED WITH PRIVATE RIGHTS. 



TITLE I. 
Of Real Peopertt. 



PAGE. 

Chapter LXI. — Tenure of Lands, and Confirmation of Certain 
Titles — Titles to Catawba Indian Lands. 
Article 1. Tenure of lands and confirmation of certain titles. 631 

Article 2. Title to Catawba Indian lauds 030 

Chapter LXII. — Legal Formalities, Construction and Operation 
of Conveyances and Mortgages of Land, and 
Other Instruments Affecting Property. 

Article 1. Form and execution of conveyance of land 638 

Article 2. Certain conveyances, &c., void 639 

Article 3. Mortgages of land and satisfaction thereof 04-4 

Chapter LXIII. — Dower and the Allotment Thereof. 

Article 1. Eenunciation of dower, and when the right shall 

be barred or forfeited 646 

Article 2. Mode of divesting right of insane married women. 650 

Article 3. Proceedings for allotment of dower 652 

Chapter LXIV. — Estates for Life and for Years ; Landlord and 
Tenant ; Joint Tenants and Tenants in 
Common ; Betterments ; Miscellaneous 
Provisions Concerning Real Estate. 

Article 1. Estates for life and for years 056 

Article 2. Landlord and tenant GoS 

Article 3. Joint tenants and tenants in common 060 

Article Jf. Betterments 069 

Article 5. Miscellaneous provisions concerning real estate .. . 673 

TITLE II. 

Chapter LXV. — Of the Registration of Legal Instruments .... 674 



TAliLi: or (ONI KNTS. XVII 

I'Acji:. 

'I'lTLM 111. 

CiiAi'iii; li.WI. — Limitation of Kstatcs G78 

M'l'I'I.K i\. 
C'iiAi'Ti:u l..\\ 11. or hiti'stiitf Estates 679 

TITLE V. 
CiiAPTKK L.W'lll.— Of Wills 685 

TITLE VL 

Of tue Settlement of Estates of Deceased Persons, Trusts, 
AND Special Provlsions: Kelating to Trusts and Guar- 
dianships. 

Chapter. LXIX. — Letters Testamentary ajid l*roceetliii<fs on 

the Probate of Wills 694 

Chapter LXX. — Administration of Intestates' Estates and 

Derelict Estates G97 

CiiAi'TER LXXI. — Inventories and Appraisements 704 

Chapter LXXII. — Payment of Debts and Legacies. 

Article 1. Payment of debts and legacies 705 

Articled. Sale of land in aid of deficient personalty to pay 

debts 708 

Chapter LXX III. — Accounts and Commissions of Executors 

and Administrators 711 

Chapter LXXIV. — Settlement and Distribution of Intestate 

Estates 714 

Chapter LXXV. — Liability of Heirs and Devisees 717 

Chapter LXXVI. — Trusts and Special Provisions Krlating to 

Trusts 71W 

TITLE VII. 

Of Title to Property 1!V Special Provisions of Law, 

Chapter LXXVII. — Sales by Executors, Administrators and 

Fiduciaries 724 

Chapter LXW'lll. — Sales under Execution and by .ludgment 

Debtors. 

A rtide 1. Sales under execution 727 

Article 2. Sales by judgment debtors 732 



XVJU TAhlJi ol fONTKXTS. 

I'AOK. 

Chaptkk LXX IX. — 1 loiiic'stcads T;3;3 

Chapter LXXX. — Assignments f(jr Jieiicfit of Creditors.;,,, 742 

TITI.K \lli. 

Chapter I>X.\X1. — Ol" tlie I'levention of Frauds and IVrjiiries. T4T 

TITLE IX. 

Of thk Domkstic Kklatioxs. 

Chapter LXXX II. — JIusband and Wife. 

Article 1. Marriatre T51 

Article 2. Certain riglits and lial)ilities of husband and wife. 754 

Chapter LXXXIII. — Guardians and Wards and Minors. 

Article 1. Guardians in general i.")S 

A rticle 2. Public guardians TOO 

Article 3. Testamentary guardians 7(J;3 

Article Jf. Miscellaneous provisions relating to minors 764 

Chapter LXXXIV. — Change of X'ames 705 

Chapter LXXX\', — Masters, Apprentices and Laborers. 

Article 1. Master and apprentice 767 

Article 2. Protection of laborers 770 



:p^k.t III. 

OF COURTS AND JUDICIAL OFFICERS AND PRO- 
CEEDINGS IN CIVIL CASES. 



TITLE 1. 

Of Courts axd Judicial Officers. 

Chapter LXXXVI, — The Supreme Court and its Officers. 

Article 1. The Supreme Court 773 

Article 2. The Clerk 776 

Article S. The Kejiortcr 777 

Chapter LXXXVII, — Circuit Courts and Judges 778 

Chapter LXXXVIIL— The City Court of Charleston 783 

Chapter LXXXIX. — Court for the Arbitration of Mercantile 

Disputes in the City of Charleston. 786 



TAIUJ': <»[' CONIISTS. XIX 



I'Acii: 



CiiAi ri;it \i\ — Attnrncvs, Solicitors aiitl Coiiiisellors 792 

CiiA iii:i; \('l. — S|i('(ial Provisions Kespectiiig ('oiirts and the 
Adniinistnition of Justice, ami Certain 
Kii^lits and Ifcincdies. 
Arllric I. Special provisions respecting Courts and the ad- 
ministration of justice VMi 

Ar/icle ■'. Certain rigiits and remedies 708 

'I'lTI.E II. 
Uf Actions axd Pkocekdtxos Thkijkin. 

CifAi'TKH XCII. — Actions by and against Executors and Admin- 
istrators 800 

CiiAi>TER XCIll. — Witnesses and Evidence. 

Article 1. Attendance of witnesses 803 

Article -2. Examination of witnesses by commission 805 

Articles. Examination of witnesses before Clerk and depo- 
sitions dc bene esse 808 

Article J/.. General provisions respecting evidence 811 

CiiAPTEH XCIV. — Jurors and Juries. 

Article 1. Jury Commissioners. ... ' 818 

Ar/irle ~. Qualification, exemption and pay of jurois 8"20 

Articles. Drawing, summoning and empaneling of jurors.. . 823 

Article 4- Objections to jurors — verdict 828 

Article 5. Miscellaneous provisions 830 

TITLE III. 

Of Remedies Relatixo to Ri:al Propkkty. 

CiiAPTKK XCV. — Certain Proceedings by Remaindermen, Heirs, 

&c 831 

CiiAi'Ti'.i; .\C\'I. — Forcible Entry and Detainer, and Summary 
Ejectment of Trespassers. 

Article 1. Forciljle entry and detainer 833 

Article 2. Summary ejectment of trespassers 835 

CiiAPTKR XCVII.— Escheats 836 



XX \ TABLE OP CONTENTS. 

TITLE IV. 

Of the Whit of Mandamus and Proceedings in Special 

Cases. 

PAGE. 

Chapter XCVIII.— The Writ of Mandamus Hi2 

Chapter XCIX. — Chattd Mortgages and Liens. 

Article 1. Chattel mortgages . .- H4-1: 

Article 2. Liens on lands and buildings for labor and mate- 
rials 845 

Article 3. Liens on ships and vessels for labor and materials. 853 

Article Jf. Agricultural liens 855 

Article 5. Liens of owners of stock animals 801 

TITLE V. 

Of Proceedings for the Belief of Persons Aijrested in 
Civil Actions. 

Chapter C. — Discharge of Prisoners as Insolvent Debtors 801 

TITLE VI. 

Of Legal Notices, Legal Holidays, and Costs and Fees. 

Chapter CI. — Publication of Legal Notices — Legal Holidays . . <S<J9 
Chapter CII. — Costs and Fees of Attornevs and other Officers. . 871 



PART I. 



OF THE INTEllNAf. ADMINISTRATION Ol 
THE (GOVERNMENT. 



TITLE I. 



OF THE JURISDICTION OF THE STATE— GENERAL 
ASSEMBLY— STATUTES— PUBLIC REPORTS AND 
DOCUMENTS— PUBLIC PROPERTY— CENSUS. 



Chapteh 

Chapter 
Chapter 
Chapter 
Chapter 
Chapter 
Chapter YII. — The Census. 



I. — Tl/e Jurisdiction of the State and Cessions to 
the United States. 
II. — The General Assembly. 
III. — The Public Printing. 
lY.—The Statutes. 
V. — Public Eejjorts and Documents. 
Yl. — The Public Property. 



CHAPTER I. 



The Jurisdiction of the State, and Cessions to the United 

States. 



Sec. 

1. Jurisdiction of the State of Soutti Caro- 
lina. 

2. Reciprocity as to chartered privileges 
between Georgia and South Carolina. 

3. Cessions to the United States, subject 
to concurrent jurisdiction, viz.: 

1. Lighthouse on Middle Bay Island, 
In Charleston Harbor. 

2. Seven acres of land on North Is- 
land, Georgetown County. 

8. Fort Moultrie, on Sullivan's Island, 
Charleston County. 

4. Fort Johnson, Charleston County. 

5. Fort Pinckney, Charleston County. 

6. Sand-bank, on Southeast Point of 
Charleston. 

7. Ten acres on Blylhe's Point, 9am- 
I)it River, In Georgetjjwn County. 



Sec. S.— Continued. 

8. Mustard Island, and seven acres 
on St. Helena Island, Beaufort 
County. 

9. Five acres In Beaufort, Beaufort 
County. 

10. Fort MiThanlc, Charleston 'ounty. 

11. One hundretl feet on Haddrell's 
Point, Charleston County. 

12. One acre on Otter Island. Colleton 
County ; one acre on Station 
Creek, and one acre on Bob's Is- 
land, Beaufort County. 

13. Sites on Sullivan's Island, James 
Island, and Shute's I'oliy Island, 
Charleston County. 

11. A lot on South Island, (ieorgetown 
County. 



CIVIL STATUTE LAWS 



A. D. 18!M. 



*— — -/-~—^' SBC. ^.—Continued. 

15. Five acres In Charleston, for a Cus- 
tom Huuso. 
10. A site for a light house on Morris 
Island, Charleston County. 

17. Same on Thomas's Island. 

18. Sites on North and South Island, 
Points near Georgetown, George- 
town County. 

19. Same on Capers Island, Charleston 
County. 

30. Site In Charleston for harlwr light. 
£1. Site for beacon. In range with 

Charleston Light Hou.se. Site for 

day beacon for St. Helena Sound, 

Beaufort County. 
SB. Sites for beacons for Callabogue 

Sound, Beaufort County. 

23. Sites at North Edlsto, Charleston 
County. 

24. Site on Hunting Island, Beaufort 
County. 

25. Site on or near Hilton Head, Beau- 
fort County. 

20. FUty feet on South Battery, 
Charleston County. 

27. Site at Mt. Pleasant, Charleston 
County. 

28. Site at White Point, Charleston 
County. 

29. Site at Fort Point, Georgetown 
County. 

39. Site on land known as " Charleston , 
Chib House," on Meeting street, | 
in Charleston. I 

Jurisdiction of SectiOBL 1. (-?•) The Sovereignty aiid jurisdiction of this State 
' ^uth carouna! extends to all places within its bounds, which are hereby 
decliired to be as follows : 

The Northern line, beginning at a point on the sea shore. 

Survey of 173 j. about a mile and a quarter East of the mouth of Little River, 
rims in a Northwest direction, sixty-four and one-half miles, to 
a point two miles Northwest of one of the branches of Little 
Pee Dee River ; thence, in the same direction, twenty-two miles, 
to a stake in a meadow ; thence in a direction due "West, a dis- 
tance of sixty-two miles, to a point where the said line intersects 
the Charleston road, (at sixty-one miles,) near the Waxhaw 
Creek ; thence along the line extending from this point to the 

Surveyor 1772. Tryon Mountain ; thence from a stone set up and marked *' S. 

Gov. Swain; C. and N. C, September 15th. 1815/' running West four miles 

I., 403; 1815,1., ^^^ ninety poles, to a stone marked " S. C. and N. C.;" thence 
South, twenty-five degrees West, one hundred and eighteen 
poles, to a chestnut on the top of the ridge dividing the waters 



8EC. i.—ConlinutA. 

31. Half an acre In Columbia, comer 
of Kli'hlund and Laurel streeta. 

32. The .National Cemetery In Flor- 
ence County. 

33. Shore line of Morris Island and of 
Sullivan's Island for the en-'llon 
of the Jetties for Charleston Har- 
bor. 

34. Certain lands in Georgetown C<jun- 
ty, between Winyab Bay and San- 
tee River. 

85. Land ceded for Georgetown jet- 
ties. 

4. Land may be purchased by United 
States for arsenals and magazines. 

5. If parties cannot agree, land to be val- 
ued. 

6. Concurrent Jurisdiction retained by the 
State. 

7. Sites for light stations on land, buoys. 
Jetties, 4c. 

8. Submarine sites for light houses and 
other aids to navigation. 

9. Jurisdiction ceded to the United States 
over all lands acquired for public pur- 
poses. Jurisdiction not to vest until 
after acquisition of title from owners, 
and tf) be concurrent with State 
jurisdiction. 

10. Lands exempt from State taxation. 



Survey of 1737 



Survey of 17G4. 



120. 



OF SOUTH CAROLINA. 

" A. D. IKW. 



of the North Fork of Piicolet River from the waters of the North ' 

I'\)rk of tlie Sahula River ; thence aloiij; the various courses of 
the said ridge, (agreeably to the plat and survey of the Com- 
missioners and Surveyors accompanying their report, dated 2d 
Noveiuher, 1815,) to the ridge that divides the Saluda waters 
frnni those of Croen River ; thence along the various courses of 
the said ridge, agreeably to the said plat and survey, to a stone 
set up wliere the said ridge Joins the ridge which divides the 
E.'istorn from the Western waters, and which stone is marked 
" S. C. and N. C, Septemlier 2Hth, A. D. 1815 ;" thence along 
the various courses of the said ridge, agreeably to the said plat 
and survey, to a stone set up on that part of it which is inter- 
sected by the Cherokee boundary line, run in the year 1707, and 
which stone is marked " S. C. and N. C, 1813 ;" and from the 
said last mentioned stone, on the top of the said ridge, at the 
point of intersection aforesaid, a direct line, South, sixty-eight 
and one-fourth degrees West, twenty miles and eleven poles, to . 
the thirty-fifth degree of North latitude, at the rock in the East 
bank of Chatooga River, marked '* Latitude thirty-five degrees, 
A. 1). 1813," which line from the termination of the line of 177'-J 
to the Chatooga River is, in all, a distance of twenty-four miles 
and one hundred and eighty-nine poles. 

From the State of Georgia, South Carolina is divided by the Catkins' 
Savannah River, from its entrance into the ocean to the conflu- Digest, 737. 
ence of the Tugaloo and Seneca Rivers ; thence by the Tugaloo Beaufort con- 
River to the confluence of the Tugaloo and Chatooga Rivers ; J«y.'|'-^ ^- ^^• 
thence by the Chatooga River to the North Carolina line afore- 
said, in the thirty-fifth degree of North latitude, the line being 
low-water mark at the Southern shore of the most Northern 
stream of said rivers where the middle of the rivers is broken 
by islands ; and middle thread of the stream where the rivers 
flow in one stream or volume. 

On the East, the State is bounded by the Atlantic Ocean, original char- 
froin the mouth of the Savannah River to the Northern boundary, ^" *• ^ ' 
near the mouth of Little River, including all the islands. Tron's Luws. 

Shxiltz V. Bank, U. S. S. C, 1822, MS., per Johnson, J. 

Handy v. Anthotiu, Ohio River Case, U. S. S. C, 5 Wheat., 374. 

Sec. 2. (-•) Any charter or franchise granted, or to be Rtviprority as 
granted, by the State of Georgia for the purpose of building privi'i opeVbe- 
and establishing bridges or ferries over the Savannah River sliall ami'southcm^ 
have full effect within the limits and jurisdiction of the State "°"' 
of South Carolina, to the same extent, in all respects, as if such 



CIVIL STATUTE LAWS 



A. D. 18M. 

"""^v ' chart<>r or franchise had been granted by the State of South 

1851. in.. 119. Carolina : Prorlded, That the State of Georgia do, by law, 
provide that equal effect bo given in the State of Georgia to char- 
ters and franchises granted by this State ; and that the legal 
validity and elTe(.'t of a charter granted by either of the stiid 
States for the purposes aforesaid shall be subject to this limita- 
tion and restriction : that no such charter, from either State, 
shall prevent the other State from granting a charter for a 
bridge or ferry over the Savannah River at any place, however 
near the place where a bridge or ferry is or may be established 
under a charter from the other State. 
Places ceded Sgc. 3. ('^- ) 1" respect to the places within the boundaries 
states and sub- ceded by the State to the United States, the jurisdiction of this 

Icct to CODCLLT" 

rent jurisdic- State is Concurrent with that of the United States, according to 
the terms of cession in each case respectively. 
The places ceded are as follows : 
Light house on 1. The light liouse on Middle Bay Island, within the bar of 
land.in Charles- Charleston harbor, bounded, to the North, by a small inlet pass- 
'^7^ YiW ^"& between the said island and Morris Island ; to the South, by 
an inlet called the Folly Inlet ; to the East, by the Atlantic 
Ocean ; and to the West, by a sound or creek passing between 
the said Middle Bay Island and the other island aforesaid ; 
together with the lands and tenements thereunto belonging, and 
together with the jurisdiction of the same, as far as the same 
shall be incident and essential for the erection of forts, maga- 
zines, arsenals, dockyards and other needful buildings, and the 
appointment of officers, and general regulation of the said light 
house, forts, magazines, arsenals and dockyards, in fee simple, 
in as full, ample and effectual manner as the jjremises could be 
granted, aliened, transferred, conveyed and confirmed, by any 
deed or devise, in due form of law ; upon the special proviso and 
condition, nevertheless, that the said United States shall suffi- 
ciently support, maintain and keep in good repair, and rebuild, 
when necessary, the said light house from time to time, and at 
all times hereafter ; and shall also erect, or cause to be erected, 
proper leading marks to and for, or as appending to, the said 
light house, and cause buoys to be stationed in fit places for the 
further and better facilitating and securing the navigation ; and 
that all expenses which shall accrue in, for and about the said 
light house, or the leading marks and buoys above mentioned, 
shall be defrayed out of the Treasury of the United States. 



OF SOl'TII CAROLINA. 5 

A. D. IKH. 

2. Seven acres of land on NuiLli Ishmd. in (ioorgetowu ^" ^-^^^ 

... ,, ,. ,••1 Ti, 1 ii lit fV'vcn wn* (if 

County, butting Jinu nounding to the r.astwuni on the sea. to the ian<i en S'.nu 
West and North by lands belonging to Paul Trapicr, and to town rouniy. |^ 
t!u.' South by Winyah niiy : Proridcd, nerer/./ielesfi. That noth- iw. v.. wj. 
ing contained in this cession shall be construed to exclude or 
prevent any process, criminal or civil, issuing from any of the 
Courts of this State, from being served or executed within the 
limits of the said tract of seven acres of land. 

'i. All the lands reserved for Fort Moultrie, on Sullivan's Ffjrt Mouitrio, 
Ishmd. in Charleston County — provided the same shall not lumi, riiiu-iw- 
cxceed five acres — with all the forts, fortifications and luiiidings laoe. v.. soitTf. 
thereon, together with the canal leading from the cove on the 
back of the fort nearly up to the same, as delineated on the plan 
of Charleston harl)i)r by Colonel Senf. in the Secretary of State's 
office at Columbia. 

4. The high lands and part of the marsh belonging to Fort YQ^^ jobnaon, 
Johnson, as delineated on the said plan of Charleston harb(»r — chari(ffltonca_ 
provided the same shall not exceed twenty acres — including the 

present site of Fort Johnson. 

5. The land on which Fort Pinckney is built, and three acres FortPinckney, 
around the same — Charleston County. Charleston co_ 

6. A portion of the sand bank marked " G," on the South- sand bank on 
easternmost point of Charleston, as delineated on the said plan ^"^hari^n."^ 
of Charleston harbor, not exceeding two acres. i^- 

7. A lot, not exceeding four acres, for a battery or fort, and Ten acres on 
necessary buildings, on Dr. Blythe's point of laud, at the mouth sampit River, in 
of Sampit River, Georgetown County, and a quantity of land, '**"'?'^^^^'''" -^ 
not exceeding six acres, on Dr. Blythe's said point of laud, at 

the mouth of Sampit River, adjoining, and in addition to the 
said four acres, and for the same purposes. 

8. Mustard Island, oppo.sitc Paris Island, in Beaufort River, , Musiani is- 

i i land, auu seven 

and a tract of land on St. Ilelena Island, opposite the same, uota^r^^ i'" ^i- 

' ^^ Helena Island, 

exceeding seven acres — Beaufort County. Beaufort c<.. 

9. Five acres of the public lands near the town of Beaufort, ^.^^^^ ^^_^^ i^ 
including the site of Fort Littleton, Beaufort County, for the ^^^'l,';""'- "*""* 
purpose of erecting a fort. isoo, v., sro, m. 

10. The lots or tracts of land whereon Fort Mechanic is port Mcvimaic, 
erected, and such other lots and parcels of land as may be t'on- j^.j3'^!^"^|^"jj 
sidered necessary to that establishment, so soon as they shall have 

been conveyed by Christopher Williman and William Holmes to 
the United States, for all purposes necessary to the maintenance 
of a military post : Provided, however, That nothing in this 
cession shall be construed to prevent anv process, civil or crirr-i- 



6 CIVIL STATUTE LAWS 

A. D. 1894. ' " 

'"■■■'■> ' mil, issuing from :uiy of the Courts of this State, or any other 

competent authority, from being served or executed within the 

limits of tlu' Kaiil lots or tracts of land so t<» be conveyed by the 

said Christopher Williinan and William Holmes to the United 

States: Atid provided, also, That nothing contained in this 

cession shall be so construed as to impair the rights and privileges 

vested in the City Council of Charl&stf)n, under their charU-r of 

incorporation, who are hereby also authorized and enijiowered U> 

relinquish tlieir rightof jurisdiction in and over the land aforesjiid. 

One hunfired n. One hundred feet square of land, on Jladdrcll's Point, 
feet n H a d- * ' ' 

dreii'8 Point, Charleston Countv (conveyed by Mrs. Rebeccra Bee Barksdale, 

Charleston Co._ ^ \ J J r 

i8i3, vi.,~m for the use of the United States), for the purpose of erecting a 

beacon thereon : Provided, nevertheless, That nothing contained 

herein shall be construed to exclude or prevent any process, civil 

or criminal, issuing from the Courts of this State, from being 

served or executed within the limits of the said cession. 

One acre on 12. One acre of land on Otter Island, in Colleton Count}', for 

coiietoncounty; a light house ; one acre of land on the Xorth side of Station 

t'ion'^creek,and Creek, near St. Helena Island, in Beaufort County, for the erec- 

b" b^'^isfand" tion of a beacon light ; and one acre of land on Bob's Island, at 

~^Q^^r^^=7^ the entrance of Scull Creek, in Beaufort Countv, for the erection 

1S>17, VI., ao9. ' " ^ 

of a beacon light : Provided, That the said lands, when pur- 
chased by, or vested in, the United States, and every person or 
officer residing or employed thereon, whetlier in the service of 
the United States or not, shall be subject and liable to the Gov- 
ernment of this State, and the jurisdiction, laws and authority 
thereof, in the same manner as if this cession had never been 
made ; and that the United States shall exercise no moreautliority 
or power within the limits of the said land than they might have 
done previously to the cession thereof, or than may be necessary 
for the building, erection, i-epairing or internal government of 
the said light house, and the regulation and management of tlie 
said light house and the said beacon lights that may be built and 
erected on the said lands, :ind of the officers and persons by them 
to be employed in and about Uie same. 

The said lands shall be forever exempt from any taxes to be 

paid to this State. 

sites on sniii- 13. The lands, forts, fortifications and sites for the erection of 

James Island' forts CD SulHvan's Island, James Island and Shute's Folly Island, 

Folly Island, in Charleston County, as delineated in a plan of survey made by 

"T^;~x i.. ac6; R<^bert Q. Pinckney on the ITth November, 184G, under direc- 

1848, XL, 514,82 ^j^^^ ^^ Commissioners appointed under Resolution of 1845, which 

lands, sites, forts and fortifications so ceded shall be exempt from 



OF SOUTH CAROTJXA. 



A. D. im4. 



any tux to be |):ii(l to this State: J*rori(/i-<i, Tlint all process, ' •■ 
civil or eriininal. issued uiuler the authority of this State, or any 
ollieer tlioroof, shall ami may be served and executed on any part 
of the lauds and sites, forts and fortilications so ceded, and on 
any {)erson or ])ers()ns there beinj^ and iinplicated in matters of 
law: And prorlded, also, That nothin<:j herein contained shall 
be construed to interfere witli the rights ami property of the 
citizens, or so as to alTcet any of the streets, thorou^difares or 
public landings on the said islands. 

14. A lot on South Island, in Georgetown County, on the a lot on south 

Southern edge of Winyah Entrance, for a light house, which lot tow;nj3o. 

shall, during the continuance of the said light house, be exempt '^ " 
from any taxes to be paid to this State : Provided, Tliat the 

said lot, when purchased or vested in the United States, and 
every person and officer residing or employed thereon, whether 
in the service of the United States or not, shall be subject and 
liable to the Government of this State, and the jurisdiction, 
laws and authority thereof, in the same manner as if this cession 
had never been made ; and that the United States shall exercise 
no more authority or power within the limits of the said land 
than tliey might have done previously to the cession thereof, or 
than may be necessary for the building, erection, repairing, 
or internal government of the said light house, and of the 
officers and persons by them to be employed in and about the 
same. 

15. A lot, not to exceed five acres, in the city of Charleston, Five acres in 
for the erection of a custom house ; which lot, and the buildings custom House." 
erected thereon, shall be exempt from any tax to be paid to this ^^^' ^'^ ■'''^• 
State : Provided, That all process, civil or criminal, issued 

under the authority of this State, or any officer thereof, shall 

and may be served and executed on any part of said land, and a sit^ for a 

on any person or persons there being and implicated in matters Morris island, 

- , " Charlestcn Co. 

Of ^''^^^^' ' 1853. XII., 295. 

10. A site on Morris Island, for a beacon or light house — same on 

, , ^, " Thomas Is- 

Charleston County. land. 

17. A site on Thomas Island, for a beacon or light house. ^''" , 

IS. Sites for three beacons, to be placed on or near Xorth and and .^outil is- 

-1 il t 1 1 II • • 11 • • •, r I, '""f' 1* o 1 n t s, 

bouth Island I omts, m the vicinity of Georgetown — deorge-near ueorge- 
. /-, . ' town. Ueorae- 

town County. townco. 

19. A site on Capers Island, on some point in the immediate ^''' 

vicinity 01 the present light house, on Cape Ivomam, tor a light isumd, cuaries- 
1 r«i 1 A / 1 i. *" ton County. 

house — Charleston County. j^; 



8 CIVIL STATUTE LAWS 

A. D. 1894. ~~~~ 

^"■^ v^-^ v'O. A site oil the East Battery, in the city of Charleston, for 

site In Cliarlee- , ,,,-,. 

ton for harbor a beacon or liarbor light. 

— ~ji), ' None of the sites ceded in subdivisions IG to 20, inclusive, to 
exceed ten acres in any one case ; nor shall such sites be used for 
any other purpose than the purposes specified ; and nothing 

site for beacon, i u i , , • ., ...... 

In range with Shall excuule or prevent process, civil or criminal, issuing from 
ught'^H^use. the Courts of this State, from being served or executed within 
beacon "for st^ the limits of Said cessions. 
Beaafortco!°*^' ^1- ^ sitc for bcacou to raiigc with Charleston light house. 

18.54, xii., 315. X site for a day beacon for St. Helena Sound — Beaufort County, 
cons for caiia- 22. Two sitcs for two bcacons, to serve as a range for Calla- 
Beaiifort co.° ' bogue Sound — Beaufort County. 

lb.. 31G. 23. A site for light house and beacon liarht on the main land. 

Sites at North , t.^ n tt t ^ / .i i x r. i. 
Edisto, Charles- at JSorth hdisto — Charleston County. 

jt^ 24. A site for a light house and beacon light on the North 

site on Hunt- Point of Huutiug Island — Beaufort County. 

inglsland, ^ -^ 

Beaufort Co. 25. A site for a light house and beacon light on or near Hilton 

Qif„„f^V r.^u^ Head, Beaufort County. 

Site on or near - '' 

B€«u?oi^c1)^ ^' ^'one of the sites ceded in subdivisions 21 to 25, inclusive, to 
jbTcTsoG, XII., exceed fifty acres in any one case ; the said sites shall be forever 

59-T §3 

"' ■ exempt from any taxes to be paid to this Siate, and the same 

restrictions shall attach thereto as attach to the cession of a lot 
on South Island by the proviso in subdivision 14 of this Sec- 
tion. The cession of said sites shall not be construed to author- 
ize their use for any other purpose than the purposes specified, 
nor to exclude or prevent any process, civil or criminal, issuing 
from the Courts of this State, from being served or executed 
Avithin the limits of the same. 
Fifty feet on ^^- ^ ^^^^' restricted to fifty feet square, on South Battery, 

charieston"*"^' ^^ *^® ^^^y °^ Charleston, for a beacon or harbor light, wliich 

"iSBi^L, 315. shall be forever exempt from any taxes to be paid to this State, 
and shall be subject to the same restrictions as attach to the 
cession of a lot on South Island by the proviso in subdivision 14 
of this Section. 

pT^a*s^*n't! ^^- -^ ^i^^ ^o^ ^ \ig\\t house in or near Mount Pleasant, 

Charleston Co. Charleston Harbor, not exceeding one acre. 

18.56 XII. -5^1. 

Site at White 28. A sitc for a beacon light at "White Point, in the city of 
tou'co. ^^^^^" Charleston, to bo designated by the City Council of Charleston. 



lb. 29. A site for a light house on Fort Point, near Georgetown, 

, George- not exceeding twenty acres — Georgetown County. 

jj, 30. A lot of land for a court house and offices connected 

therewith, for the use of the United States Courts, or for any 



OF SOUTH CAHOI.INA. !• 

"~ A. D. IHIH. 

otliti- piii-noses to which the (lovcniiiiciit of the United States ' "* '' 

,...,,,,. 8IU! of I tt n <J 

nmv thinis proiKT to anplv it, viz.: All I hut h)t, piece or T)arf'cl k n « w n a m 

"Cha r I OS t o II 

of hind, witli the buihlin^.s thereon, known as the " Oharh-ston (■iub.M<Mi.Hc,"..n 
Cluh House." situate, lyini; and l^eini; on the West side of Meet- in charicwuin. 
in<:f street, in the city of Charh'ston, nicasnrinjr and contjiinin^f j\^^' ^^'•''""*' 
in front, on Mcetin<; street, iifty-eight feet, more or less, by 
about two lumdred and thirty-six feet in depth, more or less ; 
Itoundinfj^, North, (tn lands now or late of AVin. P. fJroenland ; to 
tlie East, on Meeting street: to the Soiitli. on lands of M. V. 
]\rordecai ; and to the West on lands of tlie French I'mtestant 
Church: Provided, That all process, civil or criminal, issued 
under the authority of this 8tate, or any officer thereof, shall 
and may be served and executed on any part of the said prem- 
ises, and on any person or persons there l)eing and implicated 
in any matter of law: And provided, alien i/s. That the said lot 
of land, and all buildings and structures of every kind already 
thereon erected, or that ma3' hereafter be erected, thereon, shall 
be absolutely and forever exempt from all taxes of the County 
of Charleston, and the corporation of the city of Charleston, 
and of the aforesaid State, 

31. A lot of land for a postoffice and court house, and offices Half an acre 
connected therewith, for the use of the United States, or for any comer of Rich- 
other purpose to which the Government of the United States Laurel streets, 
may think proper to apply it, viz.: All that lot, piece or parcel gi^**'°' ^''•'*^*^' 
of land in the city of Columbia, situate, lying and being on the 
corner of the streets known as Richardson street and Laurel 
street, measuring one hundred and four feet, more or less, on 
Richardson street, and two hundred and eight feet, more or less, 
oil Laurel street, and containing one-half an acre, more or less ; 
bounded on the North by Laurel street, on the East by Richard- 
son street, on the South by lot formerly belonging to Charles 
Beck, and now held l)y Hugh Weir, and on the West by lot 
formerly held by Robert N. Lewis, and, by his last will and testa- 
ment, devised to Daniel B. Lewis, executor of said last will and 
testament of the said Robert N. Lewis : Provided, That all pro- 
cess, civil or criminal, issued under the authority of the State, 
or any officer thereof, shall and may be served and executed on 
any )iart of the said premises, and on any jierson or j)ersons there 
being and inijilicated in any matter of law : And provided, 
ti/tnii/s. That the said lot of land, and all the buildings and 
structures of every kind already thereon erected, or that may 
hereafter be erected thereon, shall be absolutelv and forever 



10 CIVIL STATUTE LAWS 

A. D. 18M. 

' ^^ ^ exempt from all taxes of the Count}' of Richland, and the cor- 
poration of the city of Colnmbia, and of the aforesaid State. 

The National :i->. The jurisdiction of tlie State is hereby ceded to the United 
CeiH e t e r y 1 n •' . . 

Fiorenct' Co. ^ States of Ainenca over certain land situate in the County of 

Ix'.', i6s! Florence, aud near the town of Florence, known as the "Na- 
tional Cemetery." The United States are to retain such juris- 
diction so long as such lands shall be used a.s a national cemetery, 
and no longer. Such jurisdiction is granted on the express con- 
dition that the State of South Carolina shall retain a concurrent 
jurisdiction with the United States in and over said lands, so far 
as that civil process in all cases not affecting the real or personal 
property of the United States, and such criminal or other pro- 
cess as shall issue under the authority of the State of South Caro- 
lina against any person or persons charged with crime or misde- 
meanor committed within or without the limits of the said lands, 
may be executed thereon in the same way and manner as if no 
jurisdiction had been hereby ceded. 

Shore line of 33. There is granted to the United States of America a qnan- 

Morris Is 1 a n d . 

a n d o f suiii- tity of land on Sullivan's Island, Charleston harbor, not exceed- 

van's Island for . tt» -i t i tt/. -i 

the erection of ing three hundred feet i7i length and two hundred feet in breadth, 

the 1etti6s for 

Charleston bar- for the erection of the shore line of a jetty, to be erected for the 

bor. . >>•'■' 

1878, XVI., 709. improvement and deepening of the bar of Charleston harbor. 
The land so granted is described and located as follows : Starting 
from the magistral of the Xortheast salient angle of Fort Moul- 
trie, thence running South two degrees seven and one-half min- 
utes (2° 7^') East eight hundred and forty-six (846) feet to a 
point near high water line on the South shore of Sullivan's 
Island ; thence North eighty-six degrees thirty-five and one-half 
minutes (8G° 3.H') East two thousand eight hundred (2,S00) 
feet to a point near the same high water line ; thence North 
seventy-seven degrees thirty-eight aud one-half minutes (77° 
38^') East two thousand one hundred and ninety and a half 
(2,190^) feet to a point on the high water line of said shore, 
which point is the Southwest angle of the tract hereby conye3'ed ; 
thence North seventy-seven degrees thirty-eight and one-half 
minutes (77° 38^') East, along said water line, three hundred 
(300) feet ; thence Nortli twelve degrees twenty-one and one-half 
minutes (12° 21^') West two hundred (200) feet ; thence South 
seventy-seven degrees thirty-eight and one-half minutes (77° 
38|') West three hundred (300) feet ; thence South twelve de- 
grees twenty-one and one-half minutes (12° 21|') East two hun- 
dred (200) feet to the high water line at the before mentioned 



OF SOUTH CAROLINA. 11 

A. U. I^Jl. 

Soutliwi'sl !iii;;l(' of tlic trad herein ei»iivey<'il ; and the acorotion '"^■^"^ 
on thr three hundred ('MH)) feet of water front of .said tract sliall 
also belong to the United States for the purposes aforesaid. 

There is hereby granted to the United States of Ameriea a lero, xvii.. 'o. 
(jiiantity of land on Morris Island. Charleston liarbor. suflieient 
for the erection of a shore line of a jetty for the improvement 
and deepening of tlie bar of Ciiarleston harbor, not exceeding 
fifteen liundred feet in lengtli. measured on the high water line, 
and two hundred feet in breadth, which land so granted may be 
located and selected from the land now owned by the State of 
South Carolina at the North end of Morris Ishmd ; and the accre- 
tion on the water front of said bind so granted shall also belong 
to the United States for the purposes aforesaid. That in addi- 
tion to said lands herein granted, is also ceded to the United 
States of America such other quantity of land on Morris Island 
as may be needed for the shore line of the jetty aforesaid belong- 
ing to any person or persons other than the State of South Caro- 
lina, so soon as such land has been or may be conveyed by the 
owner thereof to the United States of America : Provided, That 
a plat of all the lands herein granted and ceded shall be made 
and be deposited in the office of the Secretary of State under the 
supervision and direction of the proper officer of the United 
States in charge of the jetties. 

So much land of the State, not exceeding one hundred and i889, xx., 200. 
fifty acres, as may be needed for the permanent construction of 
the shore end of the jetties in Charleston harbor lying on and 
next adjacent to Morris Island, and the creeks and marshes con- 
tiguous thereto, is hereby granted to the United States of 
America, for the purpose of the erection and construction of said 
shore end of said jetties. But nothing herein contained shall 
be construed to impair or affect the rights of owners or of any 

private individuals claiming the said lands, or any part thereof. , certain lands 
^ o 7 ./ X- In Ge«r>rtto\vn 

34. Such lands as may be required for the purpose of con- <^""untytHt\viMn 

•^ ' . . r I Wlnyuh Hav 

necting Wnivah Bav and Santee River, in Georgetown Countv. "n<i sunn-e 

, .,: ^ ^ ' Klver. 

80 as to facilitate commerce. iSfCi, xvii.. stii. 

35. There is hereby ceded to the United States of America, Land (v.i.'^uor 

•' . Geoiyetown Ji-l- 

for the purpose of constructing jetties for the improvement of tifs. 

the bar at the entrance of Winyah Bay, S. C, any and all rights ' 

of the State to the adjacent water-covered territory extending 
from high water mark in certain lands granted by Bcttie Mason 
Alexander and Edward P. Alexander to the United States of 
America, by deed bearing date the 17th of September, 188'J. and 



12 CIVIL STATUTE LAWS 

A. D. IKM. 

recorded in the office of the Register of Mesne Conveyance for 
Georgetown County, in Book K, page 092-695, outward about 
(500) five liundred feet, and iilso from the jetties to be con- 
structed by the United States outward about five hundred feet 
in every direction into the Atlantic Ocean and Win3'ah Bay, re- 
spectively, and to any and all accretions to said territory growing 
out of the construction of said jetties, or from any other causes ; 
this territory being at present bounded as follows, to wit : 

North Island: Beginning at a point on the West side of the 
Southern point of said island at the high water line, about 
(1,000) sixteen hundred feet distant, and South 4 degrees 39 
minutes East from the centre of the Georgetown Light House ; 
and running thence due West about (i,200) one thousand two 
hundred feet : thence South 47 degrees 10 minutes East (0,200) 
sixty-two hundred feet ; thence South 63 degrees 45 minutes 
East (2,800) twenty-eight hundred feet ; thence South 84 de- 
grees East (10,200) ten thousand two hundred feet ; thence 
Xorth (1,000) one thousand feet; thence Xorth 84 degrees West 
(9,900) ninety-nine hundred feet ; thence Xorth 63 degrees 45 
minutes West (2,400) twenty-four hundred feet ; thence Xorth 
47 degrees 16 minutes West (2,700) twenty-seven hundred feet; 
thence Xorth 45 degrees East (2,500) twenty-five hundred feet ; 
thence West to the high water line on the East Side of Xorth 
Island Point ; thence around said point toward Winyah Bay, 
with the various meanderings of said high water line to the be- 
ginning. 

South Island: Beginning at a point on the beach of said 
island about (12,511) twelve thousand five hundred and eleven 
feet South of the Eastern end of the Southern boundary of land 
now belonging to W. C. Johnstone, and from which the George- 
town Light House bears Xorth 28^ degrees East, and the centre 
of the U. S. dyke across Lagoon Creek bears Xorth 33^ degrees 
West, and runs thence in a Southerly direction (800) eight hun- 
dred feet to a point on the high water line ; thence due East 
(22,100) twenty-two thousand one hundred feet ; thence South 
(1,000) one thousand feet ; thence due West to the high water 
line on South Island ; thence with the various meanderings of 
said high water line to the second corner from the beginning 
(counting the beginning comer as the first corner). All the 
above deeded lands and territory shall be exempted from all 
State taxes, assessments and other charges which may be im- 
posed under the authority of the State of South Carolina. 



OF SOUTH CAUOLlxNA. 13 

A . D. 1 Wt J . 



The proper officers of the United States in cliarge of said jet- • 

ties, from time to time, sliall cause to be exfciited a i)lat i.f the 
hinds which may l»e refjuired for the purposes aforesaid, and lile 
the same in the office of the Secretary of State. 

Sec. 4. (4-) 'i'lic United States, or such person or persons as i^nd may be 
may l)i' by them authorized, siiail have a ri<rlit to j)urchasc. in {'•' n"tl'-d" sra i o h 
any part of this State that may he thought most eligible, the fee [,',u^'^'",t'.'' ""** 
simple of any quantity of land, not exceeding two thousand irio, v.,t!co.9i. 
acres, for the purpose of erecting arsenals and magazines thereon. 

Sec. 5. (•^•) If the person or persons whose land may be if parties can- 
chosen for the al)ove mentioned purpose should not be disposed [l','|^''?JI^^"°'* 
to sell the same, or if the persons appointed to make the pur- irsts. v.,'260^ 92I 
chase should not be able to agree upon terms with such owner or 
owners of the said land, the same shall be valued, upon oath, by 
a majority of persons to be appointed by the Court of Common 
Pleas of the County whore such land is situated, for that pur- 
pose ; and the land shall be vested in the United States u))on 
their })aying the amount of such valuation to the owner or 
owners of such land. 

Seo. 6. C^'.) The said land, wlien jjurchased, and every per- concurrent 
son and officer residing or employed thereon, whether in the ser- tainMi*^by°t h^e 
vice of the United States or not, shall be subject and liable to 
the government of this State, and the jurisdiction, laws and 
authority thereof. The United States shall exercise no more 
authority or power within the limits of the said land than they 
might have done before acquiring the same, or than may be 
necessary for the building, repairing or internal government of 
the arsenals and magazines thereon to be erected, and the regu- 
lation and management of the same, and of the officers and per- 
sons by them to be employed in or about the same : Provided, 
always, That the said land shall forever be exempt from any 
taxes to be paid to this State. 

Sec. 7. (?'•) Whenever it shall be made to appear to any one sites for ught 
of the Circuit Courts of this State, upon the application of any al^d'^buoy",' jet- 
authorized agent of the United States, that the said United ^dings'for'aisl 
States are desirous of j)urchasing any tract of land and the right v^iue?'*."* °' 
of way thereto within the limits of this State for the erection of ,J!*''-'-^^'-'**5 

... . . 1889, XX., 'ica. 

a light house, beacon light, range light, buoy depot, or other 
buildings needed for light house purposes, or for the i)urposes 
of jetties or other harbor improvements, and that the owner or 
owners of said land are unknown, non-residents or minors, or 
from any other cause are incapable of making a perfect title to 



state. 

lb., 28. 



14 CIVIL STATUTE LAWS 

A. D. 1894. 

"■" — V ' said lands, or in case the said owners, being residents and capa- 
ble of conveying, shall, from disagreement in price, or any other 
cause whatever, refuse to convey the said lands to the United 
States, the })residing Judge of the said Court shall order notice 
of said application to be published in some newspaper nearest to 
where said lands lie, also in one newspaper published in the 
city of Columbia, once in each week, for the space of four 
months, which notice shall contain an accurate description of 
the said lands, together with the names of the owners, or sup- 
posed owners, and shall require all persons interested in the said 
lands to come forward, on a day to be specified in said notice, 
and file their objections, if any they should have, to the proposed 
purchase ; and at the time specified in said notice the said 
Court shall empanel a jury, in the manner now provided by law, 
to assess the value of the said lands at their fair market value, 
and all damage sustained by the owner thereof by reason of such 
appropriation, which amount, when so assessed, together with 
the entire cost of said proceedings, shall be paid into the County 
treasury of the said County in which said proceedings are had ; 
and thereupon the Sheriff of said County, upon the production 
of the certificate of the Treasurer of said County that the said 
amount has been paid, shall execute to the United States, and 
deliver to their authorized agent, a deed of the said lauds, recit- 
ing the proceedings in said cause, which said deed shall convey 
to the United States a good and absolute title to the said lands 
against all persons whomsoever. 

The money so paid into the County treasury shall there 
remain until ordered to be paid out by a Court of competent 
jurisdiction. 

The Judge directing the money to be paid to a County Trea- 
surer in accordance with the provisions of this Section shall re- 
quire of such Treasurer a bond in double the amount of money 
so ordered to be paid, with two or more sufficient sureties, to be 
approved by said Judge. The bond shall be payable to the State 
of South Carolina, for the use and benefit of such jiersons, seve- 
rally, as are entitled to said money, and shall be executed and 
approved and filed with the Clerk of said Court before receiving 
said money. 

In all cases of publication of notice under this Section, the 
Court shall require the same proof as in cases of publication of 
notice in civil cases. 



OF SOUTH CAROLINA. 15 

' ■ A. D. 18W. 

Spn 8 ('*'.) Whoiicvor tho United States desires to iicquire " '"^^ 

. . , „ , , , i, . ,, Submarine 

title to land beloii<,Mii<f to the State and oovorod by the navi<;able hiu-s for iiKhi 
waters of the United States, within the limits thereof, f«»r tlie other a i d s u> 
site of a Virrht house, beacon or other aid to navigation, and ap- ^i^xv.,700. 
plication is made by a duly authorized agent of the United 
States, describing the site re(|uircd for (jne of the purposes afore- 
said, then the Governor of the State is authorized and empow- 
ered to convey the title to the United States and to cede to the 
said United States jurisdiction over tlie same : Provided, Xo 
single tract shall contain more than ten (10) acres, and that the 
State shall retain concurrent jurisdiction so far that all pro- 
cess, civil or criminal, issuing under the authority of the State, 
may be executed by tho proper officers thereof upon any person 
or persons amenable to the same within the limits of land so 
ceded, in like manner and to like effect as if this Section had 
never been enacted. 

Sec. 9. (•'^•) The jurisdiction of the State of South Carolina jiu-isdiciion 
is hereby ceded to the United States over so much land as is united states 
necessary for the public purposes of the United States ; but the acquired for 
jurisdiction hereby ceded shall not vest until the United States jurisdictitm^l^t 
shall have acquired the title to the lauds, by grant or deed, from lSter*acqiiisition 
the owner or owners thereof, and the evidences thereof shall "w,'^^^® and° to 
have been recorded in the office where, by law, the title to such withStot« juris- 
land is recorded. The United States are to retain such iurisdic- ^f^l'°°ivvr" .« 

'' 18< I, XrV., 535, 

tion so long as such lands shall be used for the purposes afore- 8i- 
mentioned, and no longer ; and such jurisdiction is granted upon 
the express condition that the State of South Carolina shall 
retain a concurrent jurisdiction with the United States in and 
over the said lands, so far as that civil process, in all cases not 
affecting the real or personal property of the United States, and 
such criminal or other process as shall issue under the authority 
of the State of South Carolina, against any person or persons 
charged with crimes or misdemeanors committed within or with- 
out the limits of the said lands, may be executed therein, in the 
same way and manner as if no jurisdiction had been thereby 
ceded. 

Sec. 10. i-l^^-) All lands and tenements which may be Lauds exempt 
granted, as aforesaid, to the United States shall be and con- uon. '_ 

tinue, so long as the same shall be used for the purposes in the r''-^'^, §2. 
last Section mentioned, exonerated and discharged from all 
taxes, assessments and other charges which may be imposed 
under the authority of the State of South Carolina. 



16 



CIVIL STATUTE LAWS 



A. D. 18W. 



CHAPTER II. 

The General Assembly. 

Article 1. General provisions. 

Article 2. Claims against the State. 

Article 3, Introduction of measures for private purposes. 

Article 4. Special provisions as to legislative enactments. 



ARTICLE 1. 
General Provisions. 



Sec. 

11. Apportionment of Representatives. 
1~. Oaths to be taken by members. 

13. Compensation of members. 

14. Stationery and postajje of members. 

15. stationery for each House. 

16. Fuel and gas for. 

17. OlDcers elected by each House. 

18. Officers and employees appointed for 
the Senate. 

19. Officers and employees appointed for 
the House. 

20. Committee Clerks. 



Sec. 



28. 



Solicitors to attend sessions of and as- 
sist In preparation of Acts. 
Qualification for appointment of offi- 
cers and attachees. 

Compensation of officers and attachees. 
List of such officers, ic, to be flled 
with Treasurer. 
Pay certiUcates for members. 
By whom signed. 

Pay certificates of officers and em- 
ployees. 

Statement of certificate to be furnished 
Comptroller-General and Treasurer. 



Apportionment Sectionll. (J^-) The several Counties of this State shall be 

tives^ entitled to RejDresentatives as follows : Abbeville, 5 ; Aiken, 3 ; 

isiTxVn'., 6^ii Anderson, 5 ; Barnwell, 5 ; Beaufort, 4 ; Berkeley, 6 ; Charles- 
iso'i^ fx.', lore! ton, 7 ; Chester, 3 ; Chesterfield, 2 ; Clarendon, 2 ; Colleton, 4 ; 
Darlington, 3 ; Edgefield, 5 ; Fairfield, 3 ; Florence, 3 ; George- 
town, 2 ; Greenville, 5 ; Hampton, 2 ; Horr}', 2 ; Kershaw, 2 ; 
Lancaster, 2 ; Laurens, 3 ; Lexington, 2 ; Marion, 3 ; Marlboro, 
3 ; Xewberry, 3 ; Oconee, 2 ; Oraugelnirg, 5 ; Pickens. 2 ; Pich- 
land, 4 ; Spartanburg, 6 ; Sumter, 5 ; Union, 3 ; Williamsburg, 
3 ; York, 4. 
Oaths to be Qoo 1 O. (1^.) All members elected to the General Asseml)ly 

taken by mem- ►-'*'^« *'-. \ / . . . 

bers. shall, ill addition to the oath prescribed by the Constitution, take 

,2vii., - j-jjg following oath, to be administered in like manner, before 
entering upon the duties of their respective offices : '"T do sol- 
emnly swear (or affirm, as the case may be,) that I have not, 
since the first day of January, A. D. 188 1, engaged in a duel 
within or without the State, either as principal or second, or 
been present thereat, as a party thereto, in behalf of either of the 
principals in such duel, and that I will not during the term of 



In .Section 11, page 16, for "Clarendon. •■> ;" read ''Clarendon, 3 ;" 
In side note to Section 11. page IC. for "lOT^i" read '*l(i7(i." 



OF SOUTH CAROLINA. 17 

■ ■ A. D.18W. 

oH'uu' lo wliicli I Ikivo biH'ii olectod (or appointed, u.s the ciise '^■"'^r''""^ 
may bo,) enga<ije in a duel as |)rincipal, or aid and abet in such 
duel, as soeond or as a party tlicrcto. in behalf of either ]iriiicipal 
or otherwise." 

Sec 13. (i'>'-) Eaeh member of the (general Assembly shall componflntiota 

: ofmcmbeffl. 

receive tor each regular session, and for any extra or sj)eeiai ses- Ik??, xvi., 246; 
sion, four doHars per diem during the session, and shall also be '^'^s, xxi., 4i7. 
entitled to receive mileage at the rate of ten cents per mile for 
the actual distance traveled by the most direct route going to 
and returning from the place where the session of the General 
Assembly shall be lield. 

Sec. 14. i^'h) 'L'lii^ Clerk of the Senate shall, on the first day stationery and 

of each session, draw a pay certificate of five dollars in favor of bers. 

each Senator, and the Clerk of the House of Representatives i^""- ^vi., i84. 
shall likewise, on the first day of each session, draw a pay certifi- 
cate of five dollars in favor of each member of the House of 
Kepresentatives, which shall be given in lieu of all stationery 
and postage to be used by such Senator or Representative in his 
official capacity during each session, and to be in addition to his 
per diem and mileage. 

Sec. 15. i^''^-) The Clerks of the Senate and of the House of e^^'^°^ ^*"" 
Representatives shall each furnish for their Houses, respectively, isrr, xvi.,'2ar. 
for their use and for the use of their several Committees, such 
stationery as may be necessary for each session ; the amount so 
to be furnished for the Senate not to exceed one hundred dollars, 
and that so furnished for the House of Representatives not to 
exceed one hundred and fifty dollars. 

Sec. 16. i^''-) The Secretary of State shall furnish for the Fuel and ^as 

for. 

Senate and House of Representatives, and for their respective lars. xvT.7:M 
Committee rooms, such supplies of fuel or coal and gas as may 
be necessary for their use at each session of the General Assembly. 

Sec. 17. i-^^.) The Senate and House of Representatives, ocncore elected 

by 6E0h Housf?. 

immediately after assembling in the session following a general Vs??, ao4; iMto" 
election, shall each proceed to the election of a Clerk, to be xxi'.,'4iV. ^''"^' 
known as the Clerk of the Senate and the Clerk of the House of 
Representatives, respectively, who shall each receive a salary of 
eight hundred dollars per annum. 

The Senate and House of Representatives shall also, at the isa3, xxi., nr. 
same time, each for itself, elect a Reading Clerk, who shall each 
receive a salary of two hundred and fifty dollars, and a Sergeant- 
at-Arms, who shall each receive a salary of two hundred dollars. 
2—1 



18 CIVIL STATUTE LAWS 

A. D. 1804. " 

"^ V ' The Senate and House of Representatives shall each elect 
annually, on tlie first day of the session, a Chaplain, who shall 
serve as siu-h oflicer during tiic session, and shall receive a salary 
of fifty dollars during the session, to be paid in the same manner 
as the officers of the respective Houses are paid. 
Officers and Sec. 18. i^'^'-) The presiding officer of the Senate shall 
Fwiuteirfor "the appoint, during the first week of the first session of the Senate, 
^xvT 204"69i^ one Assistant Clerk, to be recommended by the Clerk of the 
i8'J3, XXL, 417. Senate, whose salary shall be two hundred and fifty dollars ; one 
Journal Clerk, whose salary shall be four dollars per day during 
the session of the General Assembly, and four dollars per day 
for each day's work after adjournment, not exceeding twenty 
days; one Chief Messenger or Bill Clerk, who shall receive four 
dollars per day ; two Doorkeepers, three Laborers, and two 
Pages. 
Officers and Sec. 19. (-^^•) "The Speaker of the House of Representatives 
pointed for the shall appoint, during the first week of the first session of the 
isr8, //)., 294; House of Representatives, one Assistant Clerk, to be recom- 
1893, xxl'417! nicuded by the Clerk of the House of Representatives, Avhose 
salary shall be two hundred and fifty dollars ; one Chief Mes- 
senger or Bill Clerk, who shall receive four dollars per day ; 
one Journal Clerk, whose salary shall be four dollars per day 
during the session of the General Assembly, and four dollars 
per day for each day's work after adjournment, not exceed- 
ing twenty days ; three Doorkeepers, four Laborers who shall 
also be Assistant Doorkeepers, and four Pages. The Chief 
Messenger, Doorkeepers, Laborers and Pages of each House shall 
be under the control and supervision of the Sergeant-at-Arms 
of the House to which he is appointed, and shall obey all reasona- 
ble orders made by him. In case of an extra session of the 
Legislature, the Sergeants-at-Arms, Clerks, Assistant Clerks 
and Reading Clerks shall receive the same pay as members of 
the General Assembly. 
Committee ggQ^ 20. (-^•) The presiding officer of the Senate shall 

Cl6rKS. ^ t r^ r-\ * j~f% ^ 

isrs, xvi.7«92. appoint for the service of the Senate two Committee Clerks. 
And in the House of Representatives the Committee of Ways and 
Means, and on the Judiciary, and on Claims may each employ 
the services of a Clerk, to be selected by and removed at the 
pleasure of the Committee. 
Solicitors to Cpf. 21 (--?.) The Circuit Solicitors, or so many of them aa 

attend sessions kjco. /wa. v / ^,11', 

of and assist In are deemed necessarv bv the Attorney-General, shall attend the 

preparation of ,. ,, "iin ti-t^- 

Acts. sessions of the General Assembly, and shall, under his direction, 

1880, XVII.. 390. _^^^.gj. ^^^ Attorney-General in drawing and in supervising the 



OF SOUTH CAROLINA. 10 

eiiffrossin*; of all Bills, and in the enrollment of all Acts and ''"^ y — ^ 
.loint Resolutions of each session ; shall sue that the work is done 
neatly, promptly and corroctly ; and one of the said Solicitors 
shall uertil'y ui)on each Act, before it is ratified, that it is cor- 
rectly enrolled. 

The Attornoy-froneral shall employ such (;leri<'ai assistance in 
dra\vin<^, engrossing and enrollini,^ Hills, Resolutions and Acts as 
he may deem necessary, 

Ssc. 22. No person holdinir or exercising the duties of any Qimiitiration 
otVire in this State, or not a permanent resident tiieroof, shall he o'f"^offlcere an"ii 
eligil)le to election or appointment to any of the offices or posi- *i^*'i^r~adir 
tions provided for in this Article. 

Sec. 23. {23:) All persons elected or appointed under the Compensation 
provisions of this Article shall receive such compensation as the attac-hees. 
(jicneral Assembly shall determine; in no case to exceed the iJ^'x^.^J; 5^j: 
compensation of a member, except those whose annual salaries Jo'^K^^'xxf' 
are provided for by law, and except also the Circuit Solicitors, ^^• 
who shall each receive the same per diem and mileage as a 
member of the General Assembly. 

Sec, 24, {34-) All officers making any of the appointments List of such 
provided for in this Article shall forthwith, when each ap- be tiled with 
pointment is made, furnish a correct list thereof to the Clerks of jg-- ^^i ogo, 
the two Houses, respectively ; and a copy of tlie same, together 
with a list of the officers or attachees elected b}^ the two Houses, 
shall be filed by the said Clerks with the Treasurer of the State. 

Sec, 25. C^''^-) The Clerks of the Senate and House of Repre- Pay certiflcates 
sentatives are authorized and directed to furnish to eacli uiem- ly^jg jj^ '310; 
her of their respective bodies a pay certificate for the amount of 
his mileage and per diem, to include such dates as the General 
Assembly shall, by concurrent resolution, direct. 

Sec, 26. {26-) Such certificates shall conform to the provi- By whom 

sions of Section 23, Article II., of the Constitution of the State, ^-^ — jij 

and shall be certified by the President of the Senate and at- 
tested by the Clerk of the Senate for all members of that body, 
and by the Speaker of the House of Representatives and by the 
Clerk of the same for all members of that body. 

Sec. 27. {27.) The subordinate officers and employees of the Pay rorti flea t<>s 
General Assembly shall, in like manner, be furnished with cer- empiuyt^. 
tificatesof pay in such amounts as shall be fixed by that branch ^^• 

of the (Jeneral Assembly to which such officers and em])loyees 
shall respectively belong. The j)ay certiticates for servi(>es com- 
mon to the two Houses shall be signed by the President of the 



20 CIVIL STATUTE LAWS 

A. D. 18W. ~~~~ 



Senate and countersigned by the Speaker of tlie House of 
Kepresentativeri. 
statement of gec. 28. (-<!?•) The Clerks of the Senate and of the House of 
furnished to Kepreseutatives on the dav of the final adjournment of every 

C o III p t r oiler- . i n • ' i 

ti e n e r a 1 and session of tlie General Assembly shall furnish to the Comp- 

T^T ftHs 1 1 rft r 

1878, xvi^TiKs; troUer-General and State Treasurer, each, a statement of all 
certificates issued in behalf of their respective Houses, which 
statements shall show the numbers of the certificates issued, the 
amount in each, and the person to whom issued, in the follow- 
ing order : 1, of members of the General Assembly ; 2, of officers 
and attachees; S, stationery certificates ; 4, of contingent expenses. 



ARTICLE 2. - 
Claims Agaixst the State. 

Sec. I Sec. 

29. How presented, considered and passed. | 30. When barred. 

How present- Sectioil 29. (~'^-) All claims for the refunding of overpaid 
and pa^ed*^if y taxcs, or for repayment for services rendered or supplies furnished 
A^embiy.^'^*' the State or any County, or for the payment of money on any 
^x^'stc?' ^^^' account whatsoever, requiring the action of the General Assembly, 
shall be presented by petition, fully setting forth the facts upon 
which such claim is based, together with the evidence thereof, 
which petition shall be filed in the office of the Comptroller- 
General forty days before the meeting of the General Assembly ; 
and it shall be the duty of the Comptroller-General to examine 
each such claim so presented and to report on the same during 
the first week of the meeting of the General Assembly, recom- 
mending payment in whole or in part, or rejection, in each 
instance, as in his judgment justice shall require, which report 
shall be acted upon as the two Houses, by joint rule, shall pro- 
vide. iS'o claim for the payment of money shall be introduced 
into either House except as herein provided. 

After such claims have been reported upon, and passed by 
the General Assembly, they shall be delivered to the Committee 
of Ways and Means of the House of Representatives, who shall 
thereupon make provision for the payment thereof in the Appro- 
priation Bill introduced by them. 



OF SOUTH CAROLINA. 21 

A. D. 18»4. 

Sec. 30. ('>'^^-) All claiiua against the State except tlii' bonded ' ^^""^ 

debt of tlie State shall be forever barred unless presented within wh.-n riuinw 
tlirce years after the rij^ht to demand pavnumt thereof accrues, ''t'burred puy- 

'' _ '^ . . ment. 

And such claims shall also be forever barred if twice presented to ~xvii.,769.^ 
the General Assembly or either branch thereof and rejected, or 
twice presented and withdrawn. 



ARTICLE 3. 
Introduction of Measures for Private Purposes. 

Sec. I Sec. 

.31. Jhist ho by pi'titlon accompanied by '• 34. Other cases, merits and particulars to 

draft of Bill or Joint Resolution ; I be set forth ; notice. 

reference to committee. .35. Bill to amend stock law entertained 

32. Sjiecial matter to be set forth in peti- only uiwn petition of majority of free- 

tlon. I holders. 

&i. Application for charter of railroad 

companies, 4c., what must be stated ; 

notice. 

Section 31. No Bill to charter or incorporate, or to amend Must be by 
the cliartcr of any society, company oi'ganization, or body p(ditic ^n[ert"by^draft 
of any kind, or for tlie granting of any privilege or immunity, Re^Vutionf re"- 
or for any other private purpose whatsoever, shall be introduced mfttee. ^ ^°™' 
or entertained in either House of the General Assembly, except isss, xlx., 309. 
by petition, to be signed by the person or persons seeking to be 
incorporated, or by the corporators or their officers, or duly 
appointed agents, seeking an amendment of a charter, or by the 
person or persons seeking such privilege, immunity or other pri- 
vate grant or relief. The petition must be accompanied in each 
instance by a draft of a Bill or Joint Resolution, jxs the case may 
be, to charter or incorporate such society, organization or body 
])olitic, or to amend the charter thereof, or to grant the privilege 
or immunity, or to carry out tlie private purpose prayed for in 
said petition ; and, together with the said draft of the Bill or 
Joint Resolution, shall be referred to some appropriate Commit- 
tee of the House in which such petition is presented, to be acted 
upon by such Committee as hereinafter provided. 

Sec. 32. In case of an application for a charter or ineorpora- 8pe<-iai mat- 
tion, other than of a railroad or canal compau}', the petition lort^'inj^tiuon 
must set forth why the same cannot be obtained under the pro- if>., aio. " 
visions of the General .Statutes, in jnirsuanceof the Constitution, 



CIVIL STATUTE LAWS 



Applloatl () n B 
for cliartore of 
nillruail c o in- 
imnlfs.Acwhnt 
must be stated ; 

notice. 

lb. 



A. D. 180-1. 

""-^ — ^ relating to incorporations, and any other special reasons on 
wliicli such charter or incorporation is sought. 

Sec. 33. In case of an application for the charter or incor- 
poration of a railroad, canal, tramway, plank ncul or turnpike 
company, aud the grant of the right of way therefor, in addition 
to the foregoing requirements, the petition must set forth and 
describe approximately the route proposed for such projected 
road, and state where it will im'oss any railroad existing or in the 
course of construction, and shall also be accompanied by a plat 
or map delineating the same. In case of a railroad charter, 
three months' notice must be given before the appii,cation for the 
charter is made. 
In other cases Ssc. 34. In any case other than that of a charter or incorpo- 
ucuiars to be ration, the petition must set forth fully and distinctly the merits 

a^a(af4 • notice * 

jj,; — '— and particulars of the case ; and if the same shall in any wise 

affect directly the rights of others who reside in this State, such 
petition shall be accompanied with proof that the parties, so far 
as known, who may be affected thereby, have had sixty (60; 
days' notice of the presentation of such petition before it is pre- 
sented, and also that notice of the intention of the petitioner or 
petitioners to make such application has been published in a 
newspaper having the largest circulation published in the County 
where the privilege or immunity is to be enjoyed, once a week 
for at least three weeks, the first of which p;:rticulars shall be 
at least sixty (GO) days before such petition is presented. 
Bills to amend Sbc. 35. No Bill purporting to amend or alter the law regu- 
tertained only lating the fencing of stock in any portion of the State shall be 
majority of free- considered uiiless the same be accompanied by a petition for such 
1839^'x ix. 295. amendment or alteration, signed by a majority of the freeholders 
of the section to be affected by such amendment. 



ARTICLE 4. 
Special Provisions as to Legislative Enactments. 



Sec. 
36. When they take effect. 
3". Effect of repeal. 



Sec. 
b8. Construction of wonls. 



When they 

take effect. 

1879, XVIL, 69. 



Section 36. i'^'^-) ^o Act or Joint Resolution passed by the 
General Assembly shall take effect or become of force until the 
twentieth day after the day of its approval by the Executive, 



OF SOUTH CAROLINA. 




unless some other day be specially nnmofi in the body of the Act 
or Joint Resolution as the day upon w liidi it shall take elTect. 

Sec. 37. i'^-'h) 'I'll*' rc'iKMl of an Act or .loint Resolution shall Eirmofrep^ 
nut revive any law theretofore repealed or Hupcrseded, nor any 
office theretofore abolished. 

Sec 38 (')•'.) The words ** person" and '* party," and other conBtruction 

k/v/\^. »^v/. / I 11- 1 of wo rdfl. 

word or words iini)ortin<; the siuijular nunibor, used m any Act oen. stat., 
or Joint Resolution, shall be held to include firms, companies, ^^'''"^• 
associations and (corporations, and all words in the plural num- 
her shall apply to single individuals in all cases in which the 
spirit and iiitnit of the Act or Joint Resolution may require it. 
All words in an Act or Joint Resolution importing the mascu- 
lin(^ gender shall apply to females also, and all words importing 
the present tense shall ajjply to the future also. 



CHAPTER III. 
The Public Printing. 

SEC. I SEC. 

39. State Printer ; how elected ; term of ! 51. Manuscript for printer ; size of sheets. 
ofUce. I 52. State Board of Health; printing and 

40. Prices to be paid. publication, how paid for. 

41. Ac<-eptance to constitute contract. ] 5-3. Departments, Ac, report cost of prlnt- 

42. Bond and duties. Ing to Comptroller-General to be em- 
4:i. Vacancy, how tilled. braced in his Annual Report. 

44. How laws, Journals, Reports, &c., to 54. How, and by whom, faithful execution 
be printed. of printing for each House certlHed, 

45. When heads of Departments, Ac, may Ac. 

have work done elsewhere ; extra 55. Indexing and making marginal notes 

copies of Reports. 1 to Acts and Joint Resolutions, by 

46. How Bills and Joint Resolutions I whom done and allowance therefor; 
printed. I general and special laws, how ar- 

47. Publication of Acts, Ac, regulated. ranged for publication, 

48. Printer to set work compactly. 56. Public printing, how paid for. 

49. His bills, how verified and approved. 

50. One Report not to be reprinted in an- 
other. 

Section 39. The General Assembly shall biennially elect a suae Printer, 
State I'rinter, whose term of office shall be two years, which and term of of- 
shall l)egin with the expiration of the term of the present con- [^- y^y^ .^. 
tract for State printing, and until his successor shall have been J^.'i^J jxi" 
duly elected, and shall have qualified in the manner jirescribed ■''^• 
by law. 

Sec. 40. He shall receive for the public printing, during 
such ])eriod, the following compensation, to wit : 



24 CIVIL STATUTE LAWS 

A. D. 1804. 

'"■ — V ' 50 copies per day Senate Calendar, at 80 cents per page. 

Prices to be 150 Copies per day House Ctilendar, at 80 cents per page. 

181)3, xxi.7-fc.»o. 50 copies per day Senate Journal, at 80 cents per page. 

150 copies per day House Journal, at 80 cents per page. 
50 cojnes per day Senate llesolutions, at 80 cents per page. 
150 copies per day House Resolutions, at 80 cents per page. 
50 copies per day Senate Bills, at ^1.25 per page. 
150 copies per day House Bills, at 81.40 per day. 
1,500 copies Governor's Message, at 75 cents per page. 
600 copies Report Comptroller-General, at 95 cents per page. 
300 copies Reports other State officials, at 90 cents per page. 
300 copies Reports Public Institutions, at 80 cents per page. 
2,500 copies Acts and Joint Resolutions, at 84 per page. 
500 copies Senate Journals, at SI per page. 
500 copies House Journals, at 81 per page. 
500 copies Reports and Resolutions, at 80 cents per page. 
Rule and figure work a price and two-thirds. All other work 
not embraced in above schedule to be done at corresponding 
figures. 
Acceptance to Sec. 41. Upon the election of said Public Printer, and his 
rontract.'^ ^ * filing witli the Secretary of State his acceptance of the terms of 
^^' this Act, and giving the bond required by law, the said accept- 
ance shall constitute a contract between him and the State. 
Bond and Sec. 42. The bond shall be in the sum of ten thousand dol- 

j^ — - lars, conditioned for the faithful performance of the work, to 

be approved by the Attorney-General. 
Vacancy, how Sec. 43. Should the State Printer so elected die during the 

- "^^' ,. interim between the sessions of the General Assemblv, or default 

lb. , ' 

during said time, then another Public Printer shall be appointed 
by the Governor and Chairman of the Committees of Printing 
of the Senate and House of Representatives, to hold his office 
until the General Assembly elect his successor. 
How laws. Sec. 44. (-j'--) The Laws, Journals and all other printing in 

ports, Ac, to be book fomi sliall be set in long primer type, in pages to contain 
i««7, ' XVI., ^t least one thousand seven hundred ems each. All rule and 

260; 1884, XVII., |jg^j.g work accompanying the Acts, Journals and Reports and 
Resolutions to be in the same type as the body of the work ; 
the side and foot notes to be in minion or nonpareil type, and 
the indexes to be in brevier or long primer type. But all heads 
of departments, and other officials having Reports to make to 
the General Assembly, are authorized to designate to the Public 



OF SOUTH CAROIJNA. 25 

~~ A. D. 18UI. 

Printer the particular typo in whirh they desiro each part of """ — ■' ' 

tlioir Report to bo priiiti-d, aiitl tlic maiiner in wliicli it is to be 
set up, and the said Printer is recpiired to prepare the Report 
in accordanoo therewith ; and the contract for the printing of 
I{e|)orts being on the basivS of the long ])rinier page of not less 
than one thousand seven hiindr(;d ems. wiien any part of the 
said Report is sot in other than the long primer type the com- 
pensation therefor shall be determined by the relation which the 
typos l)ear to oaxdi other, the work })oing (counted for as many 
pages as one thousand seven hundred is contained in the number 
of ems of the type used. 

Sec. 45. TTpon the refusal or failure of the Pu])lic Printer to when heads 
(•i)iii[ily witli the provisions of tlie last Section, the official whose un(i''r/thrr"offl^ 
Kei)ort it is is authorized to have the work done elsewhere : ^l"rk U)*,*,. |lfa^ 
Pnicided, That the cost of the same does not exceed the con- ccp^Sof^reporta 
tract price. In all cases where extra copies of the Reports are Jb- 

required to be printed, the compensation for the same shall not 
exceed the price paid for the first copies under the contract : 
Pviiriiled, That notice to have said extra copies printed be given 
the Public Printer at the time of ordering the first copies. 

Sec. 46. (•^-^•) Bills and Joiut Resolutions of the two Houses biiis andJoint 
shall be printed in pica tyjje, each line slugged or regletted to how printed, 
the space of one line pica type, i)riuted in pages of thirty-six ^877, xvi., 200. 
ems of pica type in width and fifty-eight ems of pica type in 
length, including the folio and foot line, the lines to be uum- 
liorod according to Sections. 

Sec. 47. Acts and Joint Resolutions shall be published with- puhiicntion of 
out other head lines than the title of the Act or Joint Resolu- oiut'ions and 
tion, aiul nothing shall be appended after the last Section thereof ^guiated'!'''^ 
except the date of the (iovernor's approval. Not more than one it*»<5. xix., cio. 
inch of space shall be allowed between the ending of one Act or 
Joint Resolution and the beginning of the next Act or Joint 
IJosolution (except whore an Act oi' Joint Resolution ends within 
two inches of the bottom of the page) ; and there shall b(> no 
(■harge l)y, or payment to, the State Printer for any unnecessary 
j)liat in the publioation of saiil Acts and Joint Resolutions. In 
the publication of the Reports of the various officers required by 
law, there shall be no additional title pages, nor any blank ])ages 
after the title page, unless such blank })ages shall be lu'oossary 
from the insertion of a tabular statement which cannot be pub- 
lished upon the regular pages of Report and is folded within 
such Report. All matter included in such Reports, whether 



26 CIVIL STATUTE LAWS 

A. D. I8iM. 

""" -" ' reading or tiirures or tabulated, shall be compactly published, 
with no more intervening space than is necessary for the charac- 
ter of the work directed to be done, and no j)a(re shall be taken 
up by a mere statement of the Report whidi is to follow. No 
unnecessiiry phat shall be allowed in publishing these lleports. 

Printer to set ggQ 43 The Public Printer shall, in publishing or i>rintinff 

all work coin- *'*'*'• -^^^ > 1 r> 1 e> 

pactiy. any other kinds of State work, of whatsoever character, set the 

same as compactly and within as little space as the character of 

the work will permit. 

His bills, hew Sec. 49. He shall, with each bill rendered by him for public 

proved.'^ ''''"printing, upon oath certify that the provisions of Sections 43 

^^- and 44 have been complied with in such work ; and no such bill 

shall be paid until the work has been done, and a copy thereof 

filed with and examined by the Comptroller-General, and his 

approval of the work and of the amount of the account endorsed 

on such bill, except bills for the current printing of the two 

Houses, which shall be likewise examined and approved by the 

respective Clerks of the two Houses, upon sworn accounts filed 

with them, before such bills shall be paid. 

One Report gec. 50. ^0 State officer shall embrace in his Report the 

not to be re- •-"^^' ^^' _ _ x 

printed In an- Rsport of another State officer which is required to be published 
lb., til. by law, but he may make such reference thereto as may be neces- 
sary, to embrace a brief recapitulation thereof when necessary, 
to the proper understanding of such Report. 
Manuscript Sbc. 51. Ih preparing the manuscript for the Public Printer, 

RcDorts ~- siZG of 

sheets for Prin- the State officers and Superintendents of public institutions shall 

1884 xvuL 872 ^^6 sliects of paper eight by ten inches in size, or legal cap, 

arranging it in such shape as will have due regard to the contents 

state Board of , ., • . i 

Health^p^in^ of the printed page. 

t?on^paTd for Ssc. 52. All printing done on Reports published by the State 
funds^ appropri- Board of Health shall be paid for out of funds appropriated to 
fng\o'it.'^'*'"^' or belonging to that Department, and not otherwise. 
1886. XIX., Gil. Sec. 53. Each Department of the State Government, or per- 
and^ c^here^°r e- SOUS required by law to have printing done at the public expense, 
compuo Her- shall report annually to the ComptroUer-Cxeueral the cost of such 
printing^on'e printing SO done by such Department or persons, and such 
embraced i^ his amounts consolidated into one table shall be included in the An- 
Annuaj Report. ^^^^^ Report of the ComptroUer-General. 

How and by Sbc. 54. (•^-•) The faithful performance of the printing for 
wceTution of each House shall be certified by their respective presiding officers 
each House cer- and Clerks. In the absence of said officers from the seat of 
"xvi*2tii — government, the Secretary of State, to whom the work may be 



OF SOUTH CAROLINA. 27 

A. D. 1891. 

delivered, shall certify to its proper execution. A specimen copy ^— ""<-"— ^ 
of each ('la.ss of work, with the accounts of the same verified hy 
atlidavit, must he lilcd in the ofhce of the C-omptrolh'r-(i('ncral. 

The Clerks of the two Houses shall furnish the Printer cor- 
rected Journals daily for the permanent printing. 

Sec. 55. ('^-'•) The indcxinf:^ and makin<^ niar<final nott'S of inrii-xinR and 
Acts and .Joint Resolutions shall be performed in the (;fiice of the nuinoi.-Mt-. apu 
Secretary of State, under the supervision of the State Reporter, lu'ti" us, i)y 
and the sum of two hundred and fifty dollars shall he allowed an'" w'^'aVce 
for said clerical work. It shall l)e the duty of the editor or erarami 'special 
editors charged with the preparation of the Acts autl Joint Reso- ranKe<i^forpubI 
lutions for publication, in addition to indexing and mJil^ing "j'^^-g^jo 
marginal notes thereof, to arrange the same for the Printer ac- 
cording to the subject matter thereof, so that all general laws 
and Joint Resolutions shall be collected and bound together 
separately in the first part of the volume, and be entitled ''Gen- 
eral Laws and Joint Resolutions ;" and all Acts relating to mat- 
ters other than public shall be collected and bound together in 
the latter part of the volume, and be entitled "Special Acts and. 
Joint Resolutions/' and also to index the same in one index. 
And all local Acts and Joint Resolutions shall be arranged ac- 
cording to Counties in alphabetical order. 

Whenever an Act or Joint Resolution of a previous session is cross refer- 
amended, repealed or referred to, a reference shall be made in *°*^^ n margin, 
the margin to the volume and page of the Statutes at Large 
where such Act or Joint Resolution is to be found. There shall ust of char- 
be printed in alpabetical order as an appendix to the Acts and ^7**^°^ ^'^°^' 
Joint Resolutions of every regular session the list of charters .i^^if ■'.^' 
granted by the Secretary of State for the then next preceding 
fiscal year, such list to be printed in the same type as the body 
of the Acts, embracing only the name of the corporation in small 
caps, to be followed in lower case, and without ])aragraplis, with 
the location and ])urpose of the corporation, amount of author- 
ized capital stock and date of charter. 

Sec. 56. The Com])troller-(ieneral is herebv authorized and Piiwic print- 

directed to draw his warrant, and the State 1 reasurer to pay for. 

the same out of any moneys in the State Treasury not otherwise ^s^'X^''^"' 
appropriated, for the public printing, upon the proiluction of 
proper vouchers, which shall consist of copies of the teni])orary 
printing executed, and signatures of the permanent printing as 
the W(->rk progresses. 



28 CIVIL STATUTE LAWS 

A. D. 1804. 

CHAPTER IV. 
The Statutes. 

8KC. Skc. 
67. Clerksof Senate and House to contract | 59. To deliver permanent work to State 

for publication of laws In newspapers. Librarian for distribution. 

subject to approval of General As- 60. When prlnte<l. Acts mu-st be delivered 

sembly. to state Librarian. 

58. To provide for binding laws, Ac, for 01. How Acts and Resolutions to be dls- 

exchange and distribution. trlbuted. 

Clerks of Sen- Sectioil 57. (•^^•) The Clerk of the Senate and the Clerk of 
to contract for the Hoiise of Representatives are authorized to provide by con- 
faws*Tn°news- tract f OF the publication of the Acts and Joint Resolutions in 
to'approvai o f such ncwspapcrs of the State as the General Assembly may 

Ge neral Assem- ^-^^^^^ 

1871, XIV.. 532. ^QQ 58_ (.57.) A sufficient number of the Journals, Reports, 

To provide for and Acts of the General Assembly, for the use of the members 

&c° Tor^Tx-of the General Assembly, and for the State Librarian to make 

faibutk)n°'' ^^' the exchanges with other States, shall be bound in a good and 

^t>- substantial manner ; and the Clerk of the Senate and the Clerk 

of the House of Representatives are authorized to have the same 

done as soon after the close of the session as practicable. 

To deliver per- Soc. 59. ('5'^-) On the completion of the permanent work, 

state Librarian they shall deliver the same to the State Librarian, who shall for- 

f or distribution. t , ., ii • ^ -, t . 

j^ ward, by mail or otherwise, as he may deem expedient, a copy 

thereof to each of the members of the General Assembly, and a 
copy of the Acts and Joint Resolutions to the different States, 
institutions and officers entitled b}' law to receive the same. 
When printed, Sec. 60. The Acts of each session of the General Assembly 
delivered to shall be printed, bound and delivered to the State Librarian, 
18 ^, XX., 335. ready for distribution, within thirty days from the adjournment 
sine die of each of its several sessions, whether annual or extra, 
and he shall within five days thereafter deposit in the mail or 
express one or more copies thereof, addressed to each officer, 
person, or corporation, as now provided by law. 
How Acta and Scc. 61. (4^-) Copies of the Acts and Joint Resolutions shall 
bedistribiu^.^ be distributed as follows : 

xVi'ff' ^^^- ^" "^'^ ^^^ Legislative Council of the Province of Quebec, 
1889, XX., 335. Canada, one copy. 

2. To each Circuit Judge, one copy. 

3. To each Solicitor, one copy. 

•i. To each Clerk of Court, one copy. 



OF SOUTH CAROLINA, 



5. To each Judge of Probate, one copy. 

6. To each County Sheriff, one copy. 

7. To eacli County Aii<litor, one copy. 

8. To each County Treasurer, one copy. 

9. To each Scliool Commissioner, one copy. 

10. To eacli County Conuuissioncr, one copy, 

11. To tlie Suiironie Court at C'ohinihia, one copy. 
I'i. To each Trial Justice in the State, one copy, 

13. To each of the chartered Colleges of the State, one Cf»py, 

14. To the Library of tlie Legislature, one lumdred and lifty 
copies. 

15. To the University of South Carolina, two copies. 
IG. To the Charleston Library, two copies. 

17. To the Governor of each State of the Union, for the use 
of the State, one copy. 

18. To the Legislature of each State, one copy. 

19. To the Library of Congress, two copies. 

20. To heads of Departments at Washington, for the use of 
their Departments, one copy. 

21. To the Historical Society of New York, one copy. 

22. To the Athenaeum, Philadelphia, one copy. 

23. To the Library of Harvard University, Cambridge, one 
copy. 

24. To the Yale College Library, one copy, 

25. To the Libraries of the University of Virginia and Ala- 
bama, one copy each, 

20. To the Colleges at Athens, Ga,, Princeton, and Chajjel 
Hill, N, C, one copy each, 

27. To the Athen;\?um, Boston, one copy. 

28. To the Committee of Public Records, Loudon, one copy. 

29. To the London Museum, one copy. 

30. To the King's Library, in Paris, one copy. 

31. To the L'niversity Lil)rary at Heidelberg, one copy. 

32. To the Royal Library at Berlin, one copy. 

33. To the University Library at Gottingen, one copy, 

34. To the Historical Societies of South Carolina, .Maryland, 
Virginia, and Pennsylvania, each one copy. 




30 CIVIL STATUTE LAWS 

A. D. 1894. '. 



80. County Commissioners to report In de- 
tail annually through Comptroller- 
General. 



CHAPTER V. 

Reports and Documents. 

SBC. i Sec. 

62. Time for making reports to General ' 71. Annual report of Directors of the State 
Assembly. Penitentiary. 

63. wiien repom must be handed the 73. Annual report of Attomey-Geneml. 
Printer, and when he must have 1 

them ready for delivery-. | '^- -Annual report of Regents of the Lu- 

64. Persons disbursing pubUc money must natlc Asylum. 

publish. \ 74. Commissioners of the Deaf and Dumb 

65. Persons having the distribution of the ! and the Blind to report annually, 
public money must report annually 75. Accounts of Treasurer to be examined 
to Comptroller-General. annually by Joint Committee of 8en- 

66. Public officers having evidences of In- ate and House. 

debtedness to State must report to »c tv, »< „» r^ ■.» a _» 

^ ^ „ ^ , *^ 76. Duties of Committee, and report. 

Comptroller-General. i 

67. Comptroller-General to make report to ^- Census Commission. 

General Assembly of all debts due , 78. Commissioners of Sinking Fund to 
State. make annual report. 

68. Secretary of State to report to General j 79. Railroad Commissioners to report an- 
Assembly all corporations formed un- ! nually. 

der general laws. i 

69. Annual report of State Superintendent j 
of Education. 1 

70. State Superintendent to consolidate re- ; 
ports of School Commissioners and ' ^^- Health officers to keep records, and 
forward them to General Assembly. ) report monthly. 

Timeformak- Sectioil 62. (4^-) The Comptroller-General and all other 

Gen^erat^s^em^ officers required by law to report annually to the General Assem- 

- J - ,^ . ^ bly shall make such report on or before the first dav of Decem- 
1873, XV., 457. "^ . ^ 

ber m each year. 

When Reports Scc. 63. (-4^- ) All State officers are required to place their 

Prfn*fe^°and Reports in the Printer's hands by the second day of Xovember, 

ha'v^e'^hemr^^ except the Comptroller-General and State Treasurer, who shall 

'^d^'^Ti^:- place their Eeports in his hands on the tenth dav of Xoveraber : 

levy, IV II., 19; ^ '■ ^7 

1884, xvm., 87^ and he must have Reports printed and ready for delivery on the 

day of the meeting of the General Assembly, and on default 

thereof shall forfeit five dollars per day on each Report delayed ; 

but he shall not be subject to said forfeiture when the State 

officers do not place their Reports in his hands on the day 

required. 

Persons d is- Sec. 64. {J^3.') Every person authorized to disburse any funds 

m"^ifey^must for the State shall publish in some newspaper of general circu- 

'"8 76 XVI 16C lotion in the County in which such disbursement is authorized to 

be made a monthly statement of all funds received and the 

date of such receipt, and of all funds paid out, to whom, and on 

what account. 



OF SOUTH CAROLINA. 31 

A. D. 1891. 



Sec. 65. (H-) All persons hiiving the distribution of public '"^' ' 
money shall nuurtorly, to wit, on the last days of Octolier, Janu- i/'w.ns having 

J 1 J ' ^ ' -J (llKtiibut Inn of 

ary, April and July, in each and every year, render to the public money 

Coniptroller-(Jeneral an account setting forth the funds commit- nuuii> t^icomp- 

. TIT, J. 1 trollLT (icneral. 

ted to them, respectively, and the disbursement of tiiem. vi..5i2; i890, 

Sec. 66. (-4'^-) All public officers having in their possession ^*-''^'^- 

the evidences of any debts due to the State shall, on the last day ha "Tn^'^JTvu 

of October in every year, furnish the Comptroller-Oeneral with debu^nl/ss'fo 

a statement of all such debts, showing the names of the delators, po^n' t"' "(-1,111™- 

the amounts of the debts, the interest, the payments made, and foiior-ocmerai. 

. . VI., lOS. 

the balance due to the State. And in case of failure on the part 
of any public officer to furnish the Comptroller with the state- 
ment aforesaid, he shall forfeit and pay the sum of two liundred 
dollars, to be recovered in any Court having competent jurisdic- 
tion. 

Sec. 67. (4^-) The Comptroller-General shall make a state- comptroller- 
ment of all debts due the State and lay it before the General re"i?jrt^to* Gen- 
Assembly with his Annual Report. of'^aii dlbto"due 

Sec. 68. {4-7.) The Secretary of State shall annually prepare, ^^*-j^ 

cause to be printed, and submit to the General Assembly a true secretary of 

abstract from the certificates deposited wuth him by corporations f,^Genera?^s^ 

formed under the law regulating the formation of corporations. oTcwporatlons 

Said abstract shall contain, under proper headings, the corporate g^^pj, law^^*" 

name of said corporation, the date of its charter, the purposes ih.; issT, 

for which it was incorporated, the names of its corporators, its 

location and amount of capital stock, together with such remarks 

as he may deem necessary ; said abstract shall be published as an 

appendix to the Acts and Joint Resolutions of the session of the 

Legislature to which such abstract is submitted, and the names 

of all corporations therein contained shall be included in the 

index to the said Acts and Joint Resolutions. Jl??",''' ^^r^^ 

of Stati' Super- 
Sec. 69. (iS.) The state Superintendent of Education shall 'g^^j^l^.Uj'/y';," ^ «' 

make his report through the Governor to the General Assembly "^i.sjo, xiv..*i5; 

at each regular session thereof in the manner required by law. suite superin- 

Sec. 70. (M^-) It shall be the duty of the State Superintend- ^°,^f,'t'!^ ^^ *^°- 

ent of Education to consolidate the reports received from the of/^^i'my coiu- 

^ mlssioiitTs, and 

County School Commissioners, and to forward them to the (len- forwar.i tnem to 

'' . General Assem- 

eral Assembly at its next regular session. ^'>- 

Sec. 71. V^O.) The Directors of the State Penitentiary shall isT^xyKT' 
make an annual report to the Governor on or before the first day Annual Report 
of November in each year of the state and condition of the the state Peut- 
prison, the convicts confined therein, of the money expended -^^^ j 



XIV„ 96. 



32 CIVIL STATUTE LAWS 

A. D. law. 

" ■■ ' and received, and, generally, of all the proceedings during the 

last year, to Itc laid before the (Jeneral Assembly. 
Annnai Report Sec. 72. ('^^■) The Attomev-Generdl shall annually make a 

of Attorney- -*^'^' • «• . / . j 

Genenu. report to the General Assembly of the eases argued, tried orcon- 

jfc.. 89. ducted by him in the Supreme Court and Circuit Court during 

the precediuir year, with such other information in relation to 
the criminal laws, and such observations and statements as in 
his opinion the criminal jurisdiction and the proper and economi- 
cal administration of the criminal law warrant and require. 

Annual Report gec. 73. (•^-- ) It shall be the dutv of the Res^ents of the 

of RefrentA of ^ .1 n % t • i *" i 

the Lunatic Lunatic Asylum to report annually to the Legislature the sttite 

' 1L37. vi.r^3. ^^^ condition of the institution fully and particularly ; and they 

shall also annually report to the Comptroller-General the amount 

of income of said institution, and the amount of expenditures, 

and the items thereof. 

commissionere gg^ 74 (jj. ) The Commissioners of the Deaf and Dumb 

of the Deaf and »,»»^v/. • .>■■ i / 

Dumb and the and the Blind shall annuallv report to the Legislature an exact 

Bund to report . ' 

annually. statement of their various proceedings during the past year, 

ib78,xvi., , '■ gjjQ^jijg precisely how they disbursed the money expended, the 

names of the persons who have received the bounty, the ages and 

places of residence of such persons, and information as to their 

progress, which statement shall be accompanied by the vouchers 

of all sums expended. 

Accounts of Sec. 75. (-^4.) The accounts of the Treasurer of the State 

exam?^ed^an- shall be. annually, closed on the thirtieth day of October, and 

Commit 'tee' of shall be examined during the months of Xovember and Decem- 

HoiueV^ ^°*^ her in each year by a Joint Committee, consisting of one raem- 

is^, XIV., 16, ber of the Senate and two of the House of Representatives, to be 

6 5. '■ 

appointed by a Concurrent Resolution of the two Houses of the 
General Assembly, at the session previous to said time of exami- 
nation in each year. 
Duties of Com- Ssc. 76. (•^•5.) Such Committee shall examine the accounts, 
^ttee and re- ^j^g youchers relating to all moneys received into and paid out 
itj., 8ti. of the Treasury during the year ending on the thirtieth of Octo- 
ber preceding such examination, and shall certify and report to 
the General Assembly at its next session after the said thirtieth 
day of October the amount of moneys received into the Treasury 
during such year ; the amount of moneys paid out of it during 
the same period by virtue of warrants drawn on the Treasury by 
the Comptroller-General, or any other officer ; the amount of 
moneys received by the Treasurer who shall be in office at the 
time of such examination, when he entered upon the execution 



OF SOUTH CAROLINA. 33 

■ A. D. 1804. 

of the duties of his office ; and the balance in the Trcjusury on ^" — v ' 

the thirtieth day of September precediiis^ such examination. 

Sec. 77. (•'^'^'•) When tlie census takor.'^ Hhall have made cchhus Com- 
returns, tiie Secretary of State siiall forthwith report the results ""f^'""' .. 

•' *■ lb., 230, (17; 

of such registration to the Governor of the State for the time i^s, xv., wa. 
being, and shall make a collated return of the statistics to the 
Oeneral Assembly, at its next regular session. 

Sec. 78. (•^"•) The Commissioners of the Sinking Fund shall commissioners 
annually report to the General Assembly the condition of the ^ make^annJai 
Sinking Fund, and all sales or other transactions connected — ^""^^ — 

? 1870, XIV., .38«. 

therewith. 
Sec. 79. The Railroad Commissioners shall make an annual RanroadCom- 

report to the General Assembly of their official acts, includiuc/ missionerstore- 
^ - . port annually. 

such statements, facts, and explanations, as will explain the ik83, xvu., sfa 
actual working of the system of railroad transportation in its 
bearing upon the business and jirosperity of the State ; and such 
suggestions as to the general railroad policy of the State, or as 
to any part thereof, or as to the condition, affairs or conduct of 
any of the railroad corporations, as may seem to them appropri- 
ate, with a special report of all accidents, and the causes thereof, 
for the preceding year. 

Sec. 80. {5S.) The Commissioners of each County shall on bounty com- 
or before the fifteenth of Xovember, in each year, report to the ^rt'l'n'^detaii 
Comptroller-General, to be incorporated in his annual Report, ^^^^ ^ ^^^ >' 
and laid before the General Assembly, a detailed account of all troiK-r-Genprai. 
tlu'ir doings, in such form as the Comptroller-General shall direct i8S'j,"xx.,'»48.'' 
or ])repare and forward to them for such purpose. 

Sec. 81. ('^'9.) The Health Officers at Georgetown, Charleston geaitii ofn- 

and Hilton Head shall keep a faithful record of all their doincrs cers tokeep re- 

■■■ o cord and report 

required bv law and report the same to the Governor at the end '" ""^^'y- 

t 1 ' ^.1 1868, XIV., 117. 

of each month. 



3—1 




CIVIL STATUTE LAWS 



CHAPTER VI. 

The Public Property. 

Article 1. Charge of the property of the State ; the Sinking 
Fund Commission. 

Article 2. Land containing phosphate rock and phosphatic 
deposits ; Phosphate Commissioners. 

Article 3. Other property of the State ; miscellaneous pro- 
visions. 



ARTICLE 1. 

Charge of the Property of the State — the Sixkixg Fuxd 

Commission. 

Sec. I Sec. 

83. All public property tmder char?e of ! &i. The Sinking Fund Commission : wto 

Secretary of State, unless otherwise j constitute, and their duties. 

provided. ' 8.5. Sales of property not in actual public 

8.3. Vacant lands grantable only tc pur- ! use;dispositionof proceeds; exception. 

chasers for value; under control of j 86. Annual report of sales and transac- 

Sinking Fund Commission. I tions: investments; compensations. 

Aiipubiicpro- Section 82. C^^-) The Secretary of State shall take charge 
charge of secre- of all property of the State the care and custody of which is not 

t a r V of StatG x j. *- *- 

unless other- otherwise provided for by law. He shall hold the same subject 

by iaw\ to the directions and instructions of the Commissioners of the 

i^^xvni'Wo Sinking Fund, and act as their agent in such redemption, lease,, 
and sale, as they may make, of forfeited and vacant lands, and 
lands purchased by the late Land Commissioners of the State, 
and in the negotiations therefor and arrangements in relation 
thereto. 

Title of lands purchased by Land Commissioner were properly uot made to 
the State, but to that officer, and passed to his successor in office. — The State 
V. Evans, 33 S. C, 184. 

^ * , J The Statute of Uses did not vest such title in the State. — Fb. 
Vacant lands 

t^purchasers Ssc. 83. (^'-?.) ^o grants of vacant lands shall be issued 
der '^control of cxcept to actual puFchascrs thereof for value ; and all vacant 
commision.'^ lands and lands purchased by the late Land Commissioners of 
isrs, XVI., 559. ^]jQ State shall be likewise subject to the directions and instruc- 
who cons t i- tions of the Commissioners of the Sinking Fund. 

tute the smking =" 

Fund commis- ggc. 84. (^~-) For the purpose of paying the present indebt- 

duties. edness of the State, the Governor, Comptroller-General, State 

islj^'i^ui'.,^ Treasurer, and the Attorney-General of the State, the Chairman 



OF SOUTH CAROLINA. 35 

"" ' A.D. IHM. 

of the Finance Committee of the Senate, and the Chairman of y ^ 

the Committee of Ways and Means of the House of Representa- 
tives, are constituted Commissioners, to be known and designated 
us ''the Commissioners of the Sinking Fund," to receive and 
manage the incomes and revenues set apart and applied to the 
Sinking Fund of the State ; and the State Treasurer shall be 
Treasurer of the Commissioners of the Sinking Fund ; and all 
moneys arising from the redemption of lands, leases, and sales 
of property, or otherwise coming to said Commissioners of the 
Sinking Fund, shall be paid into the State Treasury, and shall 
b? kept on a separate account by the Treasurer as a fund to be 
drawn upon the warrants of the Commissioners of the Sinking 
Fund for the exclusive uses and purposes which have been or 
shall be declared in relation to the said Commissioners of the 
Sinking Fund. 

Sec. 85. {^3-) It shall be the duty of the Commissioners of sales of prop- 
the Sinking Fund to ssll and convey, for and on behalf of the tua^ piibiic°nse": 
State, all sucli real or personal property, assets and effects belong- plw^ds;" ex- 
ing to the State as are not in actual public use ; and all such ^^^'""-^^ ^^^^ 
lands sold under execution for delinquent taxes as have been ^^'i' ^^,- ^j?^ = 
or may hereafter be purchased for and conveyed and delivered 
to them pursuant to the provisions of Section 350 ; said sales 
to be made from time to time, in such manner, and upon such 
terms, as they may deem most advantageous to the State. The 
purchase money of said lands or other property shall be paid in 
the following kinds of funds, and no other, to wit : gold and 
silver coin. United States currency, Xational Bank notes, and 
coupons which shall be due and payable on the consolidated 
bonds of this State known as Brown Bonds. The proceeds of 
all such sales shall be set aside, and awarded to the Sinking 
Fund of the State. This shall not be construed to authorize 
the sale by the Commissioners of any property held in trust for 
a specific purpose by the State, or the property of the State in 
the phosphate rocks or phosphatic deposits in the beds of the 
navigable streams and waters and marshes of the State. 

Ssc. 86. {(^4-) The Commissioners shall annually report to Annual report 
the General Assembly the condition of the Sinking Fund and irunsactk)iis;ia- 
all sales or other transactions connected therewith ; and all the pensation." 
revenues derived from such sales shall be a^jplied to the extin- ^^/^^jj-^^^^^^' 
guishment of the public debt, by investing the same in the public 
securities of the State. Each of the Commissioners, except those 
who as State oflBcers reside in Columbia, shall receive live dollars 



36 



CIVIL STATUTE LAWS 



A. D. 1894. 



a day for each day actually engaged in attending the meetings of 
said Commission, and in going to and retuniiiig from the sjime, 
and five cents per mile for each mile of travel in going to and 
returning from each session ; the same to be paid out of any 
funds in their possession. 



ARTICLE 2. 

LaN^D CON'TAIlSriN'Q PHOSPHATE RoCK, SHELL FiSH, OySTER 

Beds axd Phosphatic Deposits. 



8ec. I Sec. 

87. Board of Phosphate Commlsslonere ; 99. 
constitution of, and compensation. 

88. Chairman and Secretary of Board ; 
quorum. 100, 

89. Board has exclusive control of State's 
phosphate interests ; exceptions. 101 

90. Powers, rights, &e., of Board. 

91. Charged with protection of State's In- 102, 
terests In all phosphate deposits and 
mines, as against adverse claimants. 

92. Survey of State's phosphate territory. 103, 

93. Phosphate Inspector; appointment and ' 
salary. | 104 

94. Powers of Board as to grant of Hc«nse3. , 105 

95. May grant or refuse applications for 
license. • lOG, 

%. Bond of licensee ; condition ; how ap- 107. 
proved. I 

97. Returns of rock mined and payment of | 103, 
royalty ; when and to whom made. 

98. Power of Board to raise royalty and 
limit thereof ; notice of Increase. 



Board notifles Comptroller-General of 
license Issued ; time and particulars 
of notice. 

When additional security to bond 
may be required ; proceedings. 

Proceeding for relief of sureties ; 
new bond and its effect. 

Coosaw River phosphate territory : 
powers and duties of the Board la 
relation thereto. 

Board to report annually to General 
Assembly . 

Mining without license ; penalty. 

Buying or receiving from person not 
licensed. 

Penalty. 

Board may take proceedings to pre- 
vent interference, &c. 

Forfeiture of boats, dredges, Ac, 
used by unlicensed persons ; proceed - 
ings to enforce same. 



Board of Phos- Sectloil 87. A Board of Phosphate Commissioners is estab- 

sion^rs r*co^tt hshed, which shall be constituted as follows : The GoTernor, 

compensation. ^ ^^6 Attornev-General, and Comptroller-General, and two per- 

i89o7xx., 691. sons citizens of tlie State ; the last two to be appointed by the 

Governor, Attorney-General, the Comptroller-General, for the 

term of six years ; the first appointment, however, to be made, 

one for four years, and one for six years. The Governor, 

Attorney-General, and Comptroller-General shall not receive 

any compensation for their services on this Board except 

actual traveling and other necessary expenses while engaged in 

attending to their duties as members of the Board when the 

same shall be performed at any other place than the State 

Capital. The two Commissioners appointed as above shall 

receive as compensation for their services the same per diem 



OP SOUTH CAROLINA. 37 

~ A. D. 18!)4. 

and mileage as members of tlie (Jcnernl Assembly for IIk; time * r^~^ 

thoy arc actually engaged in perform iiii,^ tlie duties of their 

oMife. 

Sec 88, I'l^e Governor shall be Chairman of the Board, and chairman un«i 

i.1 1 1 11 4.-4. (. * i-i i *• . Secretary of 

throe members shall constitute a (|Uonim for the transaction of Board; quorum, 
any business })ertaiuing to the Board, and the Secretary siiall be ^^" ^^' 
appointed from among the members of the Board. 

Sec. 89. The Board shall be charged with the exclusive con- Board ha.s ex- 
trol and protection of the rigiits and interest of the State in the of"8tLte's"phos- 
phosphate rocks and phosphatic deposits in the navigable exception.'^^'*' 
streams and in the marshes thereof, except that the Comp- ^''• 

trollor-General shall continue to receive the reports of rock 
mined and dug and the royalty paid into the State Treasury. 

Sec. 90. All the powers, duties, rights and privileges vested Powers, rights 
in, and exercised by, the late Department of Agriculture, as ^^^ — ib.'~ 
heretofore established by law, so far as the same pertains and 
relates to the management and protection of the rights and 
interests of this State in the phosphate rocks and phosphatic 
deposits in the navigable streams of this State and in the marshes 
thereof, are hereby vested in, and are devolved upon, the Board 
of Phosphate Commissioners. 

Sec. 91. The Board are further authorized and empowered charged -with 
to inquire into and protect the interests of the State in and to state's intere^ 
any phosphate deposits or mines, whether in the navigable dVpo^ us and 
waters of the State, or in land marshes, or other territory OM'ned ^v^^^m^ 

or claimed by other parties, and in the proceeds of any such ^^. 

mines, and to take such action fer or in behalf of the State, in 
regard thereto, as they may find necessary or deem proper. 

Sec. 92. The Board are hereby empowered and directed, if survey of 
they see proper, as soon as practicable, to begin a survey of the phate^territory^ 
States phosphate territory, and for this purpose they may em- ih.,692. 
ploy such experts and other persons, and may obtain, by pur- 
chase or otherwise, such a dredge or other apparatus as shall be 
found necessary to prosecute this work in a thorough manner. 

Sec. 93. The Board shall appoint a Piiosphate Inspector, Phosphate in- 
whose salary shall be at the rate of fifteen hundred dollars per pointment' and 

annum, payable monthly, and Avhose power and duties shall be 7^,;^ 

prescribed by the Board. 

Sec, 94. (6'7, 69, 70.) The Board are authorized to grant to powers of 
all citizens of the State and bodies corporate, applying for the g]^filt*of ikensS 
same, licenses granting a general right to dig. mine and remove ^^.-s.xvl.tsi, 
])])os])hate rock and j)hos])hatic deposits from all the navigable 



38 CIVIL STATUTE LAU'S 

A. D. 1804. ~ 

-*~^ streams and waters aiid iinirslu's of the State, and also from such 

of the creeks, not nuvii^ahle, lying therein as may (^onUiin i)hos- 
phatic rock and deposits, belonging to the Stiite and not previ- 
ously granted. Such licenses shall be for the term of one yciir, 
renewable at the plejtsure of the Board. 
May ^.Timt or Scc. 95. I» cvcry casc in which such application shall be 
fiuiis f .1- li.viiso in.ide to the Board for a license, the Board may gi-ant or refuse 
1884, xvm.,7n) ^j^g license as they may deem bast for the interest of the Shite 
and the proper management of the interests of the State in such 
deposits. 

The duty imposed by this Section involves discretion, and Diandamns will 
not issue requiring the Board to grant such license.— S/ai'^ v. Hayood, ;W S. 
C 519. 

In the exercise of their discretion the Board cannot determine the constitu- 
tionality of the Act. — lb. 

Bondof iicen- Sbc. 96. ('^''^•) As a condition precedent to the right to dig, 

see ; condition ;. , ,i . -, ■• -, ■, -iii i ^ 

how appr oved, mine and remove tlie said rocks and deposits hereby granted, 
i87e, XVI., 781. each person or company shtill enter into bond, with security, in 
the penal sum of five thousiind dollare, conditioned for the mak- 
ing, at the end of every month, of true and faithful returns to 
the Comptroller-Greneral of the number of tons of phosphate rock 
and phosphatic deposits so dug or mined, and the punctual pay- 
ment to the State Treasurer of the roynlty hereinafter provided 
at the end of every quarter or three months, which bond and 
sureties therein shall be sul)|ect to the approval now ixiquu^etl liy 
law for the bonds of State officers. 
Returns of Sec. 97. i^'^'-) Each and every person or body cor}x>rate to 
pajTnent of roy- whom licenses shall be issued rtiust, at the end of every month. 
to'whMii^ade. make to the Comptroller-General true and lawful returns of the 
xx^'aai ^ ^ "' phosphate rocks and phosphatic deposits they may have dug or 
mined during said month, and shall punctually piy to the State 
Treasurer, at the end of every quai'ter, or three months, the 
royalty provided by law to be paid thereon, which shall not ex- 
ceed two dollars per ton upon each and every ton of the crude 
rock, and not of the ix>ck after it has been steameil or dried, the 
first quarter to commence to run on the tirst day of January in 
each year. 
>,» _^ Sec 98 The said Board are empowered, if upon full investi- 

Power of Board *^^^» »'*'• i i 

to raise royalty crution aud examination they deem it advisable, to require all 

and limit there- c> ^ •' ^ ^ 

of ; notice of in- pei-sons or Corporations digging or mining phosphate rock or 

1890. XX., 692, phosphatic deposit in the navigable streams of tins St^ite, and in 

*^' the marshes thereof, to pay to the Stjite a royalty not to exceed 

two dollars per ton for all or any phosphate rock so dug or mined. 



OF SOUTH CAROLINA. 39 

A. D. 1804. 

prnvidiiii,' six months' notice shall he ;^nvcii Iti'l'oi'u raising royalty ^— ^r^^-' 
aliovi! one (hillar. 

Sec. 99. 'J'li<^ Board sluill, wiLhiu Iwciity days after the ^^rant nouni noiiii.s 

,. . ., !•/. 11 i-i I ^t rt 1 -Comptroller- 

ot any licenses, as aforcBaia, notify the L/oni])troller-UeneraI of (ienerui of 1 1- 
the issiiinj; of siicli licenses, witii the name of the person to whom tiuii-und panic- 
issued, the time of license, and the location for whicii it was jygy xx ixm 
issued. 

Sec 100 Whenever the T^oard shall have reason to doul)t whi-n odoi- 

,,.*'- , , ,1 tlvnal swurlty 

the solvency or any surety whose name appears upon any bond to iwjnds amy be 

heretofore executed, or which may hereafter be executed, for the c^dingB.' 

purpose of securing the payment of the phosphate royalty by ^**^' ^^"'•' ^^ 
any person, or corporation, or company, digging, raining and 
removing phosphate rock, or phosphatic deposits, in any of the 
territory, the property of the State, under any grant or license, 
it sluiU be the duty of the Board forthwith to notify the person, 
corporation or company giving such bond and the sureties 
thereon, and to require that one or more sureties, as the case 
may be, shall be added to said bond, which surety or sureties 
sliall be approved by the Board. 

Sec. 101. It shall be the duty of the Board, upon petition proooedingfor 
lilcd Ijy any person who now is, or shall hereafter become, surety ^es^; n°e\v bond 
on any such bond as aforesaid, and who considers himself in °°^ '^^ ^^' 
danger of being injured by such suretyship, to notify the per- 
son, corporation, or company, giving said bond to give a new 
bond with otlier sureties, and ujjon failure to do so within thirty 
days to cause said person, company or corporation to suspend 
further operations until a new bond be given, but in no case 
shall the sureties on the old bond be discharged from liability 
thereon until the new bond has been executed and ajiproved, 
and said sureties sliall not be discharged from any antecedent 
liability by reason of said suretyship. 

Sec. 102. I'he B(jard are hereby authorized and directed coosaw River 
after the first day of March, 1801, to take possession and control t*o*r'y'':""p.!\v'Jni 
of tlie Coosaw River phosphate territory heretofore occupied by Boani''iii''reia- 
the Coosaw Mining Comi)any, and to issue licenses to mine '-^".?'''^^'^;^ 
therein, and remove phosphate rock and phosphate deposits i*^-^' xxi., i^. 
therefrom, in like manner as is now provided by law for the 
other navigable streams and waters of the State : Prorided, 
That such parties so licensed or authorized shall be deemed the 
agents of the State, and each ton of phosphate rock or phos- 
phatic deposits the product of such mining operations shall be 
deemed the property of the State until the said parties shall have 



40 CIVIL STATUTE LAWS 

A. D. 1894. ^ 

"^ ' paid thereon a royalty, to be fixed by the Board at not exceed- 
ing two dollars j)er ton, on each ton of phosphate rock or phos- 
phatic deposit dug, mined and removed, provided that six 
months' m)tice be given before raising royalty above one dollar. 
Board to re- gcC. 103. The Board shall rei)ort annuallv to the General 

port annually to "^v/v. ^v^^, i 

Generui Assem- Assembly their actings and doings during the year, and to the 
Tb. time of the meeting of the same, with an itemized account of 
their exj>enses for said year. 
ou^i^Mc-^o^ Sec. 104. i^-^-) Every person or corporation who shall dig, 

^'y- mine or remove any phosphate rock or phosphatic deposit from 

' the beds of the navigable streams and waters and marshes of the 
State without license therefor previously granted by the State to 
such person or corporation shall be liable to a penalty of ten (10) 
dollars for each and every ton of phosphate rocks or phosphatic 
deposits so dug, mined or removed, to be recovered by action at 
the suit of the State in any Court of competent jurisdiction ; 
one-half of said penalty to be for the use of the State, and the 
other half to the use of the informer. 
Buying or re- Sec. 105. i^'j-) It shall not be lawful for any person or cor- 
person not poratiou to purchase or receive any phosphate rock or phosphatic 

j^ deposit dug, mined or removed from the navigable streams or 

waters or marshes of the State from any person or corporation 

not duly authorized by Act of the General Assembly of this State 

to dig, mine or remove such phosphate rock and phosphatic 

deposit. 

Penalty. Scc. 106. (^'"•) Any person or corporation violating the pre- 

^^- ceding Section shall forfeit to the State the sum of ten dollars 

(810) for each and every ton of phosphate rock or phosphatic 

deposit so purchased or received, to be recovered by action in 

any Court of competent jurisdiction ; one-half of sjiid forfeiture 

to be to the use of the State, the other half to the use of the 

informer. 

Board may Sbc. 107. Should any person whosoever interfere with, ob- 

t & K 6 prOC€^n- • » • 1 1 

ings to prevent struct, or molest, or attempt to interfere with, obstruct, or molest, 

interference, &c. 

1890, XX., 693! the said Board of Phosphate Commissioners, or any one by them 
authorized or licensed hereunder, in the peaceable possession and 
occupation for mining purposes of any of the marshes and navi- 
gable streams and waters of the State, then, and in that case, the 
said Board of Phosphate Commissioners are hereby authorized, 
and in the name and on behalf of the State of South Carolina, 
to take such measures or proceedings as they may be advised are 
proper to enjoin and terminate any such molestJition, interfer- 
ence, or obstruction, and place the State, through its agents, the 



OF SOrTTT CAROLINA. 41 



A. D. IWM. 

gaiil l^i.iiil III" IMi<is|ili;tt(' ('oiiiiiiiasioncrs, or any *»tH' iiii(]<'r thorn ^■"" ■'""' 
!iiitli()riz('(l. ill al)s<)liit(' and practical |>().ssc'ssi(jii and ofjciipation 
of tli(! same. 

Sec. 108. ^Iioiild any jxTson or persons, corporation or cor- K<»rf«-iture of 

...,•' iii 111 boats, flr«lK»*, 

porations, attcinjit to nunc or remove pnospliatc rock and plios- A,..,„„,.,n,y im- 
pliatic dojiosits from any of the said marshes and navi^^al)k^ waters i,ji^'|""',,r(^4.'^X 
and streams, including the aforesaid (/oosaw Kivcr phosphate l^^e.'* *"'""* 
territory, after tiie said first day of Marcli, 18!)1, by and with ajiy //*, fiiM. 
boats, vessels, marine dredge or otlier appliances for the same, 
without the leave or license of the said Board of Phosphate Com- 
missioners thereto first had and obtained, all snch boats, vessels, 
marine dredges and otlier ai)i)]iances arc hereby declared forfeited 
to and the property of the State of South Carolina, and it shall 
be the duty of the Attorne3^-Ceneral, for and in behalf of the 
State, to institute proceedings in any Court of competent juris- 
diction for the claim and delivery thereof, in the ordinary form 
of action for claim and delivery, in which actions the title of the 
State shall be established by the proof of the commission of any 
such act of forfeiture by the person or persons, corporation or 
corporations, owning the same, or their agents in possession of 
such boats, vessels, marine dredges or other appliances : Pro- 
vided, That in any snch action the State shall not be called upon 
or required to give any bond or obligation as is required by par- 
ties plaintiff in action for claim and delivery. 

Sec. 109. The Board of Sinking Fund Commissioners and protootion of 
the Fish ("omniissioners are hereby authorized and required to "j^^^^'^^^ ^j^ 
establish, publish and enforce such regulations and rules as they 
may deem necessary to protect the natural oyster beds and shells 
of this State, for the use of citizens of this State, and prevent 
indiscriminate fishing for oysters therein. 

ARTICLE 3. 

Otiikh Pkopehty of State — Miscellaneous Provisions. 

SKc. j Sec. 

110. .■>Ji<»(r«nV Monrt.- citizens may build 113. Manner of building regulated; how 
tlwclliiiK houses on and be allowed , enforced, 

half acre lot adjoining; rent. 111. Certain lands in Charleston vested In 

111. Hold iLM tt'iiants, fnini year to year, but city. 

must (h'llvor up on (Jdvenior's demand 11&. Certain lands In Beaufort vested In 

with IllM^rfy to remove l>iiil(llii(js ; as- town. 

Hl»fi)alillUy, Ae., of title: rlghfii and llli. State House and gmunds. 

HMiiedles. j 117. Legislative Library. 

112. Actual building of dwelling house es- IIH. College buildings. 

sentlal to vest title to lot, nlthlntlme 11!'. Proti.n-tlon of lands from Intrusion and 
liinited. 1 uulBuuce. 



42 CIVIL STATUTE LAWS 

A. D. 1804. 

''-~^'' ' Section 110. ("^O SnU'wdu's Island. — Sucli (jf the citizens 
biiiui dw.-iunj; of tills St.itt' as iiiav think it Ijoneficial to their health to reside 

bousra on ami ., i,- • i i i i • i\ c i i-i i^ i. 

b« iiiiowoti iiuif on Sullivan s Island during the Summer seasmi have liherty to 
fng^; rt'ut". ^ build ou the said island a dwelling and outhouses for their acconi- 
"'• ^•'^'^"'"'- modation ; and the person so building shall have the exclusive 
right to the same, and one-half acre of land adjoining thereto, 
as long as they may require, for the purposes aforesaid : Pro- 
vided, Persons building as aforesaid pay to the Treasurer one 
penny annually, if required, for the use of the said land. 
Hold as ten- ggc 111. (~i.) The present owners of lots on Sullivan's 
t o y (■ a r, but Island, whereon dwelling houses have been erected, and such citi- 
o n (iovernor's zens of this State as may hereafter build dwelling houses upon the 
liberty to re- Said island, under the license granted by the preceding Section, 
assiirnab i 11 1 y! shall be taken and deemed to have, and shall enjoy, the same 
rights and rem- rights, titles and interests, as tenants, from year to year, in and 
1857 XII 609 ^° ^^^^ ^^^^^ ^^^^^ owned by them respectively ; upon condition, 
nevertheless, that they shall deliver up the same when demanded 
by the Governor of this State for the time being — they having 
the liberty of removing the buildings which are now, or may 
hereafter be, erected on said lots. And the titles thereto shall 
be assignable, transferable, transmissible and distributable, as 
estates for years now are, or hereafter may be, by the laws of this 
State ; and the said owners shall have, take and enjoy, and be 
entitled to use and employ, all actions, suits and remedies for 
securing their quiet and peaceable possession and enjoyment of 
their said lots, and restitution and redress for any tr&spass, ouster 
or injury which they may suffer, or may be committed upon 
them, as tenants for years now have, or are entitled to. 

Before enactment of this Section the occupants of the Island were mere 
tenants at will of the State, and a parol contract for sale of a house thereon 
was void under Statute of Frauds. — Whetmore v. Rhctt, 12 Rich., orto. 

Actual build- Scc. 112. (~^.) No cxclusive right to a lot on the said island 
house essential shall be obtained by any citizen otherwise than by his actually 
lot, within time building a dwelling house thereon; and if such dwelling house 
"l8is)~VLri3i7 shall be removed or destroyed, the owner thereof shall have the 
exclusive right to rebuild on the same lot for one year there- 
after ; and if no dwelling house be built by him within that 
period, such lot shall be considered as vacant. 
M a n n e r of Scc. 1 1 3. ( 7-^- ) Hereafter 110 pei'soii shall erect, or cause to be 
iated!;°'how^en- erected, more than one dwelling house on each half acre lot in 
forced. ^^ town of Moultrieville, on Sullivan's Island ; and if anv per- 

1S27 VFTT ft.*^ ' ^ IT 

son shall build, or attempt to build, more than one such dwelling 



OF SOUTH CAROLINA. 43 

' A. D. 1«9I. 

house, such ptTSKii iu;iy l)e coMipellcd to desist from such Ituild- ■ ' 

iu^'. iiiid to I'einove tho siiiiie, hy order of the (Jourt of Coiiiiiion 
I'luas ; and it shall be lawful for the luteiidaiit or any one of the 
Wardens of the said town to execute such order, under the direc- 
tion of the Sheriff of the County or his lawful de))uty. 

Sec. 114. ("•'•) All vacant land, not legally vested in indi- cwrtuin landa 
viduals. in the harbor of Charleston, covered by water, is vested ve«te<nn city" 
in the city of ('harleston for public j)urposes, l)ut not to be so i«-X vii., i5i. 
used or disposed of as to ol)struct or injure the navigation of said 
li;irl»oi-. 

Sec. 115. (~'^) All the land lying dii-ectly and immediately cortain ian<i« 
in front of the streets in the town of Beaufort which run North- v^ted injown^ 
wardly and Southwardly, and which extend to Bay street, down i798. v., aas. 
to the channel of the river lying in front of the said town, 
whether the same be covered with the waters of the said river or 
not, shall forever hereafter be considered as the property of, and 
belonging to, the said town, and shall never be granted by any 
Governor of this State, or be otherwise vested in any individual 
or individuals, or any body corporate, unless it be by an Act of 
the Legislature passed for that purpose. And every grant whicli 
may at any time hereafter be obtained for any part of the said 
land shall be ipso facto void. 

Such persons as may have obtained a right to any lots oppo- 
site the said streets in the said town of Beaufort previous to the 
21st day of December, 1798, shall be restricted forever from 
erecting any buildings or making any improvements thereon, 
other than wharves, so as to leave the heads of said streets open 
and unobstructed. 

Sec. 116. ("'-'•) 'i'he Secretary of State is ex officio Kee})er of state House 
the State House and grounds, and shall be charged with the ^j'^-^'^^^r^" 
care of the property, including buildings, fencing and the furni- 597,598. 

ture and tixtures therein. He may make such repairs and im- 
])rovements thereon as may be necessary for their preservation. 
He shall be CTititled us such Keeper to a salary at the rate of five 
hundred dollars. Convicts shall be employed in all the lal)or on 
aiul aI)out the State House and grounds which can be performed 
l)y tlieiu. 

Sec. 117. ('""•) The sum of five hundred dollars shall be Legislative 
annually appropriated for the purchase of a library for tlie use Tgnrv 7*4^ 
of the members of the Senate and House of Representatives of 
this State. 



44 



CIVIL STATUTE LAWS 



A. D. IWM. 

' "^"^ Sec. 118. (^'*^'-) 'I'lie Comptroller-General shall be, and lie is 
CDlleK« build- , , .111 -1 ,, , . . „ 

ings. hereby, autlionzeii and required annually to insure against fire 

i8i».vi:,m the College buildings at Columbia. 

Pmt.rtioii of Sec 119. (79.) The Attorney-General mav, when in his 

lands from In- . . , ^ >-, • 

irusionund mil- judgment tiK' interest of the State requires it, file and prosecute 
^1808^1 v., 8s; intormations or other process against persons who intrude upon 

the lands, rights or property of the State, or commit or erect any 

nuisance thereon. 



CHAPTER VII. 
The Census. 



Skc. 

120. Apportionment of Representatives; 
enumeration of inhabitants. 

121. Census, when required, to be taken 
according to this Chapter. 

122. Governor appoints Census Takers, 
who appoint their assistants. 

123. Oath of Census Takers and Assistants. 

124. Duties of Census Takers. 

125. Members of family must give infor- 
mation on oath ; penalty. 

126. Returns must be deposited with 
County Auditor under seal. 



Sec. 



127. Division of County into Census Dis- 
tricts ; blanks and Instructions ; for- 
warding retiuTis. 

128. Secretary of State to prepare books, 
Ac, report results to Governor, and 
make returns to General Assembly. 

129. If Census Takers fall to comply with 
Census Law, Governor to have census 
taken. 

130. Pay of Census Takers ; Secretary of 
State may employ assistance in mak- 
ing his returns ; pay for. 



Apportionment Sectioil 120. The House of Representatives shall consist of 
tion renmnera- ^^^ hundred and twent3'-four members, to be apportioned among 
^te."^ '°'^'^^''^" the several Counties according to the number of inhabitants con- 
^on. Amend, tained in each ; an enumeration of the inhabitants for this pur- 
21, 1880, 'xix.,' pose shall be made in eighteen hundred and ninetv-one, and 

499 " 

shall be made in the course of every tenth year thereafter, in 
such manner as shall be by law directed : Provided, That the 
General Assembly may at any time in its discretion adopt the 
immediately preceding United States census as a true and cor- 
rect enumeration of the inhabitants of the several Counties, and 
make the apportionment and assignment of Representatives 
among the several Counties according to said enumeration. 
Census, when Ssc. 121. When a ccusus of the inhabitants of the State is 
taken^according required to be taken in pursuance of the last Section, it shall 
to this Chapter. ^^ taken and completed according to the provisions of this Chapter. 
Governor ap- Sec. 122. (SO.) The Governor is authorized and required to 
tokere, who^a"p- appoint one person in each County of the State, who shall be 
statonta!'^''^ "*" charged with taking the census, and who shall be authorized to 
XIV., 229; XV., appoint such assistants as may be necessary. 



OF sorrir cAUor.iNA. 45 



A. D. IRM. 

See. 123. (■'''^•) l'':irli and i-vcrv purson so appointed to tako '"" < ' 
tlif uousiis sliall. hciDri' iMitiTin^ on tlu; duties of his oilier, takf, taki-n* und a»- 

bi' fore some Trial .Iiistiee, the following oath, to wit : " J. A B, "'' " ' 

(1(1 solcnmly swear (or ;illiriii, as the case may be,) that I will 
honestly, faithfully and im|)artially take a correct census of all 
tlie inhabitants residing within the portion of the County to 
which 1 have been appointed as census taker, and will, in all 
respects, truly perforin all the duties with which 1 am cliarged : 
So help me (iod." And a certificate from the Trial Justice who 
shall administer tlie said oath that the same has been duly taken 
before liim shall act-ompany and be delivered with each and 
every return of the census. 

Sec. 124. ('^'^•) It shall be the duty of each and every person Dutiesofcen- 
apjiointed to take the census to call personally on the head or^'"'* ^"' 



i h., 2ao. 
some member of each family in the County, or portion of the 

County, for which he or they shall have been appointed, and 
obtain from such head of a family, or member thereof, as afore- 
said, the number of persons contained in such family, and such 
information as may be required and directed by the Secretary of 
State. 

Sec. 125. {J^3.) Each liead or member of a family shall, when Members of 
called on by the persons appointed to take the census, at their ^\ ™e fafoma- 
residence or place of business, make, on oath or affirmation, a penalty" ^^^^' 
correct return of all persons of whom the family is composed, ^^• 

and also report such other information to said census takers as 
may be required by law ; and the persons so appointed are hereby 
authorized to administer such oaths ; and upon the failure of any 
person to make such returns or reports, when required, such 
person shall be subject to a penalty of twenty-five dollars, to be 
recovered in any Court of competent jurisdiction. 

Sec. 126. (^4.) Upon the completion of such returns and re- Returns must 
ports, each census taker shall deposit the same, in a sealed with ''co^un'ty 
package, with the Auditor of his County, accompanied by a ^^'°'' ^^^ 
certificate, to be endorsed by some Trial Justice, purporting that Tb. 

the following oath had been duly taken by such census taker 
previous to the delivery of such package to said Auditor, to wit : 
^' T, A B, do solemnly swear (or affirm, as the case may be,) 
that this packet contains a just, true, correct and inijiartial 
return of all the inhabitants of the census district to which I 
have been appointed, and a faithful report of such information 
as was required by the Secretary of State, so far as it was prac- 
ticable to obtain the same : So helj) me (lod.'' 



46 CIVIL STATUTE LAWS 

A. D. 18M. 

^""^"^"^ Sec. 127. i^-^-) It shall be the duty of the census takers, 
County into under the direction of the Secrctarv of State, to divide their 

census distrlcw, , y-, ... • ^ i- ^ "• e i • ^i 

blanks and In- Several Counties into convenient districts for taking the census, 

warjjnffrecurns to distribute blanks, books and instnictious to the census takers, 

^^- to receive their returns, which shall be completed and forwarded 

on or before the loth day of September to the Secretary of State, 

and to render such further assistance to said Secretary in the 

premises as that officer may direct. 

Secretary o f ggc 128. (<^'^'.) It shall be the dutv of the Secretary of State 

state to prepare •'^^' *««• ^ ' • , , , 

boots, Ac., re- to have prepared and forwarded to the census takers of each 

pon result* to •^^^^^^^ 3 • • * -i- 

G<:'vemor, and Lountv Suitable books, blanks and instructions to facilitate the 

make return to .'-. ■ -, -, r ^ t ^ ^^ ■ > i 

General Assem- registration provided for herein and the collection of such sta- 

^^ — j^ tistical information as he may deem of sufficient importance to 

the people of this State ; and when the census takers shall have 
made the returns hereinbefore provided for, the said Secretary 
of .State shall forthwith report the results of such registration 
to the Governor and shall make a collated return of the statis- 
tics to the General Assembly within one week after the begin- 
ning of the next regular session. 

ifcea=ustak- Sec. 129. (ST.) The Governor shall, immediately after receiv- 
ers fail to com- . '-'*^^' *««'• V / , . , ' . , 
ply with census ing from the Secretary of State the said report, examine the 

law. Goremor ^ ■ ■, \^ , ■, ■ ^ 

to have census same, and m case it shall appear to him that any person or per- 

j^ '^ 231. *ons appointed to take the census as aforesaid shall in any wise 

have failed to comply with the duties imposed on him or them, 
either in taking the census or in making returns, he shall forth- 
with cause the same to be taken and returned wherever such 
defaults shall have been made. 
Pay of census Sec. 130. i^'^- > The census takers employed in taking the cen- 
ry of "state may sus shall be entitled to receive as comjiensation in full for all 
an^*in ^king services rendered the sum of five cents for every name taken, 
pay tor. °'"°^' registered and returned in their reports to the Secretary of 
■f ''• State — said compensation to be paid upon warrants to be drawn 
by the Comptroller-General whenever he shall have received 
satisfactory proof that the services of the claimant have been 
faithfully rendered ; and the Secretar}' of State is hereby author- 
ized to employ such clerical sernce as will be necessary to assist 
him in collating and making his returns to the Governor and 
General Assembly, such service to be paid, on the Comptroller- 
General's warrant, on the application of the Secretary of State : 
Provided, That the said clerical services shall not exceed the 
sum of three hundred dollars. 



OF SOUTH CAROLINA. 



4T 



TITLE II. 

OF ELECTIONS. 



A. D. Ib'JJ. 



CnAPTKR VIII. — The Qualification and Ref/istratioti of Electors. 

VnwTVM IX. — Location and Names of Votincf Precincts. 

Chapter X. — The Manner of Conducting Elections and 
Returning Votes. 

Chapter XI. — The Election of Representatives in Congress 
and Electors of President and Vice-Presi- 
dent. 

Chapter XII. — The Election of County Officers. 

Chapter XIII. — Primarg Elections. 



CHAPTER VIII. 



The Qualification and Registration of Electors. 



Sec. 

181. 
132. 
1*3. 

134. 



130. 
137. 

138. 
139. 

140. 

141. 

142. 
143. 
144. 



8KC. 



j SEC. 
Quallflcatlon of Electors. j 115. 

Electors to be registered. 
Supervisor of Registration ; appoint- 140. 

ment of ; term of office, &c. 
Deputy and assistant Supervisors ; \ 147. 
appointment and duties of. 
Registration books ; by whom and 148. 

how prepai'ed, and how replaced 
when injured or defaced. 149. 

Registration precincts. 

Opening and closing of books regn- 150. 
lated. 

Deposit of books for safe custody. 151. 

Supervisor determines as to qualifica- 
tion of applicant ; revision and review. 152. 
Registration of persons coming of age 
after last general election ; appeal. 
Minor may be registered when he 153. 
will be of age before next general 
election. 

Rea-lstered elector furnished with 151. 
certificate ; form and elTect of. 
Transfer when new pulling precinct 155. 

established. 

Same when additional precincts 
established In township, ic. 



Same, to nearer polling place for con- 
venience of elector. 
Same, on removal from one residence 
to another In same precinct. 
Same, on removal from one precinct 
to another. 

Same, on removal from one County 
to another. 

No elector removing can vote without 
certificate of transfer. 
Defaced and lost certificates; how 
renewed. 

Revision of registry preceding elec- 
tion. 

Clerk of Court to report certified lists 
to Supenisor of persons convicted of 
disqualification offenses ; penalty. 
Trial Justices to report certified lists 
of persons convicted of petit larceny ; 
penalty. 

Names of persons so reported to be 
erased from books ; proviso. 
One registration book to be furnished 
to Managers of Election at ea<'h pre- 
cinct ; no one not registered allowed 
to vote. 



CITY OF CHARLESTON. 



150. Certificates issued prior to Dec. 24, 

is'.io, of no force. 
157. Revised Registration BiM)ks of IK'Jl 

constitute the orlglmil registration. 



SKC. 



ivs. Registration and certificates apply to 

uU elections. 



48 CIVIL STATUTE LAWS 

A. D. 1801, "*~ 

• — Section 131. ('*>'''^.) Every nuile citizen of the United States 

QualHIcntlon ,, ,, ,• ^ j. i i ^ i i • i 

of Eiwuire. oi the u<,^e oi twenty-one years and iqtwards, not hiboring under 
Con. Art.vin., tii^ disabilities named in the Constitution, without distinction 

12S' v.^^"~J' • t)f race, color or former condition, who shall have been a resident 
of the State for one year, and in the County in which he olfers 
to vote for sixty days next preceding any general election, shall 
be entitled to vote : Provided, That no person while kept in 
any alms house or asylum, or of unsound mind, or confined in 
any public prison, or who shall have been convicted of treason, 
murder, burglary, larceny, perjury, forgery, or any other infa- 
mous crime, or dueling, shall be allowed to vote, 

regis^*?^ t"be Sec. 132. {■-^(^■) All electors of the State shall be registered ; 

isiiO,xviii.Tm and no person shall be allowed to vote at any election hereafter 
to be held unless he shall have been heretofore registered in con- 
formity with the requirements of Chajjter VII. of the General 
Statutes of 1882, and Acts amendatory thereof, or shall be regis- 
tered as herein required. 
Supervisor of gee 133. i-'^^, 100.) On or before the first day of March in 

Keglstr a 1 1 o n ; ""^v/. -..\^ ,.« ■, / 

apDointinentof ; everv second year, reckoning from 1882, the Governor shall 

termofofflce,&c •'. , •'^ .' ,, n • p ,,,,'., . 

" ih.; 1 8 8^^ appoint, by and with the advice oi the Senate, if m session, and 
xviii,, mo. •£ ^^^ -^ session subject to its approval at its next session, and 
subject to removal by the Governor, by and w'ith the advice 
and consent of the Senate, one competent and discreet person 
in each County, who shall be a qualified voter thereof, and who 
shall hold his office at the County seat, and shall be known as 
the Supervisor of Registration of such County, and whose duty 
it shall be to supervise the registration of the electors of such 
County as herein specified. He shall keep a record of all his 
official acts and proceedings. The term of his office shall be for 
two years from the date of his appointment ; he shall continue 
in office until his successor shall be appointed and shall qualify ; 
and his compensation shall be fixed by the General Assembly, 
from time to time, as may be deemed proper. His accounts for 
advertising (and in the County of Charleston for clerk hire and 
rent for registration precincts also) and for stationery shall be 
audited and paid by the County Commissioners of his County, 

Term of office of Supervisor appointed during vacation was not for the 
period of two years, but terminated when Senate, at its next session, ad- 
journed without approval of appointment.— ^Yafc v. Willicntis, 20 S. C, 12. 

" Next session " means the next session in fact, whether regular or special.— 
Jb. 



OF SOUTH CAROLINA. 49 

._ _ _- A. D. 18W. 

Sec. 134. I'"" <''>vt.'i-iu)r is authori/A'il lo iij)})<)iiit a l)c|iuty ^^•"^^■^^'^ 
Supervisor in case of the inability of the Supervisor to act, who Ai«iJttaniHui«r- 
when so appointed sliall have all the powers and be char^'ed with mem ilnd duties 
the duties of tlie Supervisoi, and shall receive five dollars per ' '^^^ . jjj ^-g- 
<iiein when actually employed. xvin.,2<jo. 

The (rovernor shall also appjjoint two Assistant 8upervis<jrs of 
Kej(istration, who shall serve without coin})ensation, and shall 
sit with the Supervisor of Registration in the determination of 
all cases of contested registration in which the Supervisor shall 
refuse to register the applicant ; the three Supervisors shall sit 
for as many days, beginning on the second Tuesday in July, as 
may be necessary to hear and determine ail such contested cases. 

Sec. 135. (•9^-) The Secretary of State shall cause to be pre- neKi-strat i o n 
pared a sufficient number of registration l)ooks and blanks, so and how pre- 
that there shall l)e two of said books for each precinct in each replaced when 
County, wliich books shall be ruled in columns, with jtroper fuc^%y*J^. ^" 
headings, so as to indicate the name, age, occupation and place xix'"303 ** ^ ^' 
of residence of each elector, with a separate column to the right 
side of the page for such entries as may be necessary. And the 
Secretary is authorized and required to provide additional regis- 
tration books to supply the place of such as have become defaced 
and injured by use at the elections heretofore had, and he shall 
furnish the same upon application of any Supervisor certifying 
to the necessity thereof. And in such case the Supervisor so 
procuring such additional registration books shall copy from the 
original book the names and record, thereof into the new book ; 
and when the same shall be so copied it shall be the duty of the 
County Auditor and Clerk of the Court of Common Pleas of the 
County, together with the Supervisor, carefully to compare the 
names and record in the new book with those in the book so 
injured or defaced ; and if the same is found correct, to certify 
to its correctness ; and such new book shall not be used at any 
election unless so certified. 

Sec. 136. ('^"''.) For the purpose of registration, each town- pj^egbitration 
ship, as now laid out and defined, and in those Counties where ii,.; i 8~8 a". 

• XVIII 490 • 

there are no sucli townships, the parish, as formerly known and itjito, xx".' 7i3. ' 
defined, is declared a registration precinct. In the city of Co- 
lumbia each ward shall be a registration precinct ; and in the 
city of Charleston the registration precincts shall be the same as 
the voting precincts now established in the several wards of said 
city, as designated and delined in Section 158. 
4-1 



50 CIVIL STATUTE LAWS 

A. D. 1894. ~~ ~~ 

""""■^^"^ Sec. 137. {'U-) After every general election the registration 
ciwIuK of books books shall be opened for registration of such persons as shall 
'^y/j'y y-^ thereafter become entitled to register, on the first Monday in 
XIX., 30«. each month, until the first day of July preceding a general elec- 
tion, when the same shall be closed until such general election 
shall have taken place. 
Previously reLristration on Sunday was good. — State v. Schntirle, 5 Rich., 299. 

D e p si t of Sec. 138. It shall be the duty of the Supervisors of Registra- 

books for safe tion to de])osit said books in the office of the Clerk of Court of 

custody^ ^ 

lb. Common Pleas in their respective Counties, except in the Coun- 
ties of Charleston and Greenville, where they shall be deposited 
in the office of the Register of Mesne Conveyance ; and it shall 
be the duty of the Clerk of said Court and the Register of Mesne 
Conveyance to safely keep the same together with the other 
books of record in their respective offices ; and it shall be unlaw- 
ful for any person or persons to remove the same from the said 
offices, except the Supervisors, who are hereby authorized to 
take the same from the said offices when it shall be necessary in 
the discharge of the duties imposed upon them by this Chapter. 
Sec. 139. i-Jf^-) The Supervisor shall determine as to the 

Supervisor de- •-'^^- *"*" \ , ,, . 

terraines as to legal ciualincations of all applicants for registration bv summarv 

quaimcatlon of ° ^ . . i ■, ^ ^ ■ ^ ■, " 

appucunt ; rovi- process, requiring oath, evidence, or both, if he deem proper, 

sion and review. , . , , . . , , , . • , , c^ ■ i i • i i. • 

1682, xviL, 1113 subject to revision by the Assistant Supervisors and himself m 
all cases where he has refused to register an applicant. From 
their decision any ajjplicant who is rejected shall have the right 
to a review thereof by the Circuit Court, provided he give notice 
in writing to the Supervisor of his application for such review, 
and the grounds thereof, within five days from the date of his 
rejection, and commence his proceedings within ten days from 
the service of said notice. 
Registration of Scc. l40. (96.) Any person coming of age and otherwise 
of ^°aft€r"iast qualified as an elector may appear before the Supervisor on any 
fionTappeai? ^' day Oil which the books are opened, as aforesaid, and make oath 
lb. (which the Supervisor is hereby authorized to administer) as to 
his name, age, occupation and place of residence ; and if the 
Supervisor find him qualified, he shall enter his name upon the 
registration book of the precinct in which he resides. Such per- 
son shall have the right of appeal, as provided in the last Sec- 
Minor may be tion, if the Supervisor shall not find him qualified. 
htfwml^oYa^e Sec. 141. (•'^7'.) In case a person shnll not be of age to qualify 
before next j^jjj^ yg ^^^ elector on the dav of the closing of the books of regis- 

general ele ction „ o c> 

ibT tration before any general election, but shall be of such age as 



OF SOUTH CAROLINA. 51 

— __ A. D. 1801. 

will (iiiiilifv liiin us such doctor before the said <^('noral election, ' ^ "^ 

juul shall appear before the Supervisor of Registration and take 

oath thereto, the Supervisor, if lie sliall find him qualified, sliall 

enter his name upon tlie registration book as aforesaid. 

Sec. 142. {•^>^-) Kach elector registered as aforesaid shall R^(ri«torofi 

t hereupon be furnished bv the Supervisor with a certificate, •^'' «'"' t-crtiti- 
...... , . cate; furm ami 

winch shall conrain a statement of his age, occupation and place efrwtof. 

of residence, as entered in the said registration book, and which ■^''' 

certificate shall be signed by the said Supervisor ; and no ])erson 
shall be allowed to vote at any other precinct than the one for 
which he is registered, nor unless he produces and exhibits to 
the Managers of Election such certificate : Provided, In case 
there shall be no election precinct within any township or parish, 
the Supervisor shall designate in the certificate at which of the 
neighboring precincts the elector shall vote ; and in case there 
be more than one precinct in any township or parish the Super- 
visor shall likewise designate in the certificate at which of the 
said precincts the elector shall vote. The certificate of regis- 
tration shall be of the following form : 

** Registration Certificate Number 

County, Township, or Parish, 

Election Precinct 

The bearer , is a qualified voter 

in the above precinct and resides at 

in Township, or Parish, 

and is years of age and entitled to vote at 

said precinct. 

Registered on the day of A. D. 18 . . . 



Supervisor of Registration. '^ 
Sec. 143. "Whenever a new iiolling precinct is established bv Tn'nsfpr ^^•'f'n 

_ • 1 o I . new pi)lliii)^ pre- 

law, it .shall be the duty of the Supervisor to transfer from the ^"^"^ estabifph- 

l)ooks of registration the names of such qualified voters regis- f882, xvilTTTts 
tered at other precincts as should, under this Section, register 
and vote at the new precincts so established, and who may re- 
quest such transfer, and to make such changes as may be neces- 
sary in the certificates of registration issued to such voters, who 
shall thereafter vote only at the precincts to which they have ga^o, u-iipn 
been thus transferred. ' ajuim.-nni pn-- 

c'lucts f.stablisli- 

Sec. 144. When one polling place has been changed to an- ^^ '" t^'wnsiup, 
other ill any township, or where the name of the ])olling jilace ^J,*^"i. xviiu 
lias been changed since the last general election, the rei^istration I'la.' 



52 CIVIL STATUTE LAWS 

A. D. 18W. 

^—""v ' of voters for the former polling phice shall be valid and effectual 

for the new polling place or precinct ; and where one or more 
additional j)()lling jjlaces or precincts have been establislied in tlie 
same township, or where a iww precinct has been established in 
a township which formerly had none, it shall be the duty of the 
Supervisor to change the certificates of registration of voters 
entitled by j)roximity of residence to vote at such new precinct, 
requiring in every case a surrender and cancellation of the former 
certificate and such evidence as he may deem proper as to the 
right of the elector to such change. 
Same, to nearer Scc. 145. Any registered elector who may reside nearer a 
for convenient polling place in a precinct or township than the precinct or 
~i8 ^ ^ xvm township in which he is registered, and who desires tcj vote at 
*^- such nearer polling place, sliall, upon the surrender of his certi- 

ficate of registration to the Supervisor, on or before the first 
Monday of July preceding the next general election, be entitled 
to a new certificate permitting him to vote at such nearer polling 
place ; the old certificate co be destroyed b}' the Supervisor and 
such changes made by him in the registration books as will con- 
form to the general provisions of this Chapter. The Supervisor 
of Registration may require of the applicant for such change an 
affidavit or such other evidence as he may deem necessary to a 
determination of the residence of the applicant. 
Same, on re- Scc. 146. {100.) In case of the removal of an elector from 
residence to one residence to another in the same precinct, he shall notify the 

another in same ,, . , t . i • i • .-n l * • j. i.- 

precinc t. SujDervisor and surrender to him his certificate of registration, 

1882, XVII., 1114 ^^^ ^YiQ Supervisor shall enter the fact upon the registration book 

and give such elector a new certificate in accordance ^^^th such 

change of residence. 
Same, on re- gec 147. (101.) In case of the removal of an elector from 

moval from one * . , , , • , , r, ^ ^ ■> in 

precinct to an- one precinct to another in the same County, such elector shall 
- — '-j^ notify the Supervisor and surrender his certificate of registra- 
tion to the said Supervisor, who shall enter the fact upon the 
proper registration book and shall give such elector a new cer- 
tificate for the precinct into which he has removed. 
Same, on re- Sec. 148. (102.) In case of the removal of an elector from 
Sfunty^" aS! one County to another, he shall notify the Supervisor of the 
5!^555L County wherein he is registered, and shall surrender his certifi- 
cate of registration ; and the said Supervisor shall thereupon 
enter the fact of such removal upon the registration book as 
aforesaid, and shall give such elector a certificate of transfer to 
the County to which such elector has removed, upon the pre- 



OF SOUTH CAROT.TXA. r,3 



sontation of wliiili tlu» Supcrvi.sor for sufli County .slmll cause ' "^ ' 
such olci'tor tit be reijistcMX'd in the precinct of sueli ('oimty to 
which he shall h:ivo removed, and slmll furnish such elector with 
a certificate as hereinbefore provided. 

Sec. 149. {If^'^-) No elector reniovinf^ from one residence, No <'if>rtor re- 

• 1 1 /» L L II 1 II 1 11 -1 moving can vot<' 

precinct, parisli, ward or Uountv to anotiier siiall be allowed to without ciTtio- 
register or vote witiiout a transter ol registration as above pro- - ^,, 
vidi'd. 

Sec. 150. (•''•'^•) Every elector shall liuvc the right to a re- Defaced and 
newal of his certificate without fee or charge, when the same |iow renewed, 
becomes defaced by time or accident, upon his surrendering such xviii!, m*' ^ 
certilioate so defaced to the Supervisor of Kcgistration. In 
case of the loss of any certificate, the elector losing the same shall 
be entitled to a renewal thereof by the Supervisor, upon applica- 
tion and proof of such loss, in the following manner, to wit : He 
shall, at least thirty days before the next general election, make 
application under oath, setting forth the fact of such loss, and 
the circumstances attending it, as near as may be, and stating 
that he has not sold, bartered or parted with the same for any 
pecuniary, valuable or other consideration, and ha3 not willfully 
destroyed the same, which application the Supervisor shall ex- 
amine and consider, requiring other evidence under oath if in 
his judgment necessary to a determination as to the loss thereof ; 
and, upon such examination and consideration, if the Supervisor 
shall be satisfied that the certificate has been actually lost, he 
shall issue to the applicant a renewal thereof, marking or stamp- 
ing the same ''renewal." The decision of the Supervisor shall 
lie subject to revision by the Assistant Supervisor together with 
the Sai)ervisor to whom the application is made, in all cases in 
which he has refused to renew the said certificate. From the 
decision of the Supervisor and Assistant Supervisors any appli- 
cant who has been refused a renewal of his certificate shall have 
the right of a review thereof by the Circuit Court of the County 
in which he was registered : Provided, He give notice thereof to 
the Supervisor to whom he made application for such renewal 
within five days of the refusal thereof by the Supervisor and 
Assistant Supervisors and commence proceedings within ten days 
from the giving of said notice. 

Ssc. 151. {^^^'h) The Sujtervisor of Registration shall, imme- royisIod of 
diatcly preceding each election, revise the registration of elec- li^f^HStion!^" 
tors, and mark oil the names of such electors as have died and i&e.xvuTTTiiJ 
such as have removed from one rosideuce, precinct, parish, ward 



54 CIVIL STATUTE LAWS 

A. D. ISlM. 

^^ — ^ ' or County to another without notifying him and obtaining a cer- 
tificate of transfer us liereiuhefore provided. 
Clerks of Court §60. 152. The Clerks of the Courts of General Sessions and 
iuhi iist-s to su- Common Plejis in the several Counties of the State shall, on or 

jMTvl.sor of pt'r- 

sDiis convicted before tlio liftceuth day of October, A. D. 1892, and biennially 

of disqualifying , , , , ,, / , , 

ortenses; p e n- thereafter on or before the same day, make out and report to 
"1889, XX., 33tt. ^^6 Supervisors of Registration for their respective Counties a 
complete list of all male persons convicted during the two pre- 
ceding years, up to the firet day of October aforesaid, of the fol- 
lowing offenses, to wit : Murder, burglary, larceny, perjury, or 
any other infamous crime, or dueling ; such report must be 
accompanied by the certifiaite of the Clerk, under the seal of his 
office, that tiie report is correct as appears from the records of 
his office. 

Any Clerk of the Court who shall fail or neglect to comply 

with the provisions of this Section shall forfeit and pay to the 

County in which he holds his office the sum of fifty dollars for 

each and every failure so to report. 

Trial Justices Sec. 153. Every Trial Justice in the State shall, on or before 

ued'^s of^per- the fifteenth day of October, A. D. 1892, and biennially there- 
sons convicted ». ij»ii j i i.ji'ijj 

of petit larceny; after on or before the same day, make out, under his hand and 

^^^^^7 '^^^i and submit to the Supervisor of Registration for the County 

in which he holds his office, a certified list of all male persons 
convicted of petit larceny before him, or any of his predecessors 
whose trial docket is in his possession, during the two preceding 
years, or the period following his next preceding rei:>ort. Any 
Trial Justice going out of office shall furnish such list immedi- 
ately upon his retirement and up to that time, and any Trial 
Justice hereafter appointed shall furnish such list from the time 
of his entry upon the duties of his office. 

Any Trial Justice who shall fail or neglect to furnish such 
reports as herein required shall forfeit and pay to the County in 
which he holds his office the sum of ten dollars for each and 
every such failure to report. 
Names of per- Sgc. 154. The reports provided for in the two preceding 
to°be °e^ a^s'^e d Sections shall be received by the Supervisor as y>;-//;/rA/r^rc/e proofs 
from books; pro- ^^ the facts stated therein, and he shall immediately erase the 
^^- names of all such persons from the registration books in his 
County, and they shall not be allowed thereafter to register or 
vote in any elections in this State : I^rovided, That if any such 
person whose name is so furnished shall present to such Supervi- 
sor, within sixty days after the next following election, a pardon 



OF tSOUTJl CAUULl^A. 55 

A. D. 1804. 



from the fiovcrnor, or, witliin such time, jirove to tho Siitisfuc- < 

(ion of such Sui)orvi.sor that he was not convicted of the crimo or 
misdemeanor stated in such certificate, his name shall be restored 
to the list of re<;isterod voters as completely and effectually as if 
the same had not been stricken therefrom. 

Sec. 155. (105.) At each and every election the Supervisor ono roKiBtru- 
of Kcijistration shall furnish the AIana<;crs of Election witli one fumishco to 

M a n u K «! r s of 

of the rc<ristrati()n Ijooks for eacli precinct, for the care and cus- Ki.'<iion ut each 

, ,,.,,,,, .. ., 1111 prtH- 1 n (■ t. No 

tody of which the Managers receiving the same shall be respon- on<- n «. t n-jriH- 

siblo, and which they shall return to the Supervisor of Registra- vote. 

tioii within three days after the close of election ; and no elector i»i2, xvu., ni5 

shall be allowed to vote whose name is not registered as provided 

in this ('h:i])ter. 

Sec 156 'I'he Supervisor of Registration is authorized and Exchange of 
,. * , , . , ,. . 1 1 i reirl.stratlon cer- 

directed to exchange the registration of such electors as may tiucate. 
a])ply to him for that purpose, from other precincts to the pre- i«9i,xx.,i(m.'). 
cincts now established by law, whenever it shall appear to him 
that the elector so applying resides within a reasonable distance 
of the same. 

City of Charlesto7i — Special Provisions. 

Sec. 157. No certificate of registration issued to any elector certiacates 
in the city of Charleston prior to December 24, 1890, shall be dpcI m b e'r'" 24, 
good and valid to entitle such elector to vote in any State, Fed- -^g^ ^^ ^^ 
eral or municipal election. 

Sec. 158. The new set of registration books prepared and Revised regLs- 
completed in pursuance of the provisions of the Act of Decern- isoi constitute 
ber 24, 1890, No. 4G9, by the Commissioners appointed under gteu^ti o nT '^ 
said Act for the purpose, and by them turned over and delivered ■'"''• 

to the Supervisor of Registration for the County of Charleston, 
constitute the original books of registration for said County, so 
far as the same relate to the voting precincts of the said city of 
Charleston. 

Sec. 159. There shall be in said city but one registration RegLstm 1 1 o n 
and one set of certificates for all election purposes ; and the re- appi/to1ne°ec^ 
vised registration aforesaid and the certificates issued bv said 



7b. 

Commissioners in accordance with the provisions of said Act, 

and those which have since been and hereafter shall be issued in 
pursuance of the provisions of this Chapter, shall be good and 
sutlicient for any election in said city, whether State, Federal or 
municipal. 



56 CIVIL STATUTE LAWS 

A. D. iSM. ~~~" 

^"■""^■^ Sec. 160. At each and every election of Mayor and Alder- 

furnisho<i with nu'Ji of the city of Charleston, whether the same be a regular 

registration , ,• ', , . . » ^i 

books. i>n>diic- clcction or One to supply a vacancy or vacancies in any of the 
uon certioiat™" Said offices, the Supervisor of Registration for Charleston County 
1891. XX.. 1270. shall furnisli the Manager of such election with one of the regis- 
tration books for each such precinct, or with a copy of such 
book, duly certified by the said Supervisor to be a true copy ; 
for the care and custody of which the Managers receiving the 
same shall be responsible, and which they shall return to the 
Supervisor of Registration within three days after the close of 
the election : Provided, however, That in case the Supervisor of 
Registration for Charleston County shall fail, neglect or be un- 
able to furnish the Managers of such election with the registra- 
tion books, or with copies of such books, duly certified by the 
said Supervisor as required hereinbefore, in time for any such 
election, then, and in such case, the production by any voter, 
qualified to vote at such election and offering to vote thereat, of 
his registration certificate, issued in accordance with law, shall 
be sufficient evidence of his having been duly registered : Pro- 
vided, Said certificate of registration shall have been issued on 
or before the 31st day of May, 1891, by the Commissioner ap- 
pointed under the provisions of an Act approved December 24, 
1890, and entitled ''An Act to amend Part I., Title II., Chapter 
X., Section 163, of the General Statutes of South Carolina, re- 
lating to the location and names of voting preceincts, and Acts 
amendatory thereof, so far as the same relate to voting precincts 
in the city of Charleston, to rearrange the said precincts for all 
elections, whether State, Federal or municipal, and to provide 
for a revision of the registration of electors in accordance there- 
with," or by any Supervisor of Registration for Charleston 
County since the date last named. 



CHAPTER IX. 

Location and Names of Voting Precincts. 

Section 161. {1^j3.) At all general elections held in this 
State, tlie same shall be conducted at the voting precincts which 
are hereby fixed by law, in the various Counties, cities and 
towns of this State, the number, location and names of which 
are, and shall be, as hereinafter designated, to wit : 



OF SOUTH CAROLINA. 57 

" A. D. lf»». 

Til the County of Abbeville there shall be voting prcfincta as "— ^.^— ' 
follows: Abljcville Court House, Mount Carinel, ^Villitif^ton, -,j.jy ^j^*'",,j 
Cokesbury, (ireenwood, Ninety-Six, Donaldsville, Due West, •Ji?,i jt^riii' r'Ji-' 
Antroville, Cliilds' Cross Roads, Lowndesville. .Magnoli;i, \j<>u(r'*^- 
Cane, Clotworthy's Cross Roads, McCormirk. Ilodi^^es, Troy, and 
Bradley's. 

In the County of Aiken there shall be twenty voting pre- Aiken, 
cincts, as follows: v^iken Court House, Vaucluse. Graniteville, iw»8,'xxi.!'ia3.' 
Langley, Summer Hill. Page and Hankinson's Store, Silverton 
Academy, Low Townweirs, Windsor, Montmf)renci, Sally, Oak 
Grove School House, Sally's Store, Jones' Cross Roads, Kneece's 
Mill, Creed's Store, Sunnyside, Fountain Academy, Central 
School House, and Wagf)ner's. 

In the County of Anderson there shall be voting precincts as And.-rson. 
follows : Graytonville, Anderson Court House, Pendleton, ijijrf* xx'^'iulv 
Sandy Springs. Centreville, Five Forks, Hopewell School House, ''^'^'' ^^'- '*"^- 
Greenwood, Williamston, Belton, Honea Path, Clinkscales, Mil- 
ford's, Cedarwreath School House, Moffettsville, Williford's 
Store, Broyles' Mill, G. W. Maret's Store, Starr, Piedmont 
Factory, Holland's Store, and Pelzer. 

In the County of Barnwell there shall be voting precincts as Barnweii. 

follows: Williston, Blackville, Graham's Bamberg, Allendale, ^^'^^"^•'^'^ 
Baldoc, Millet, Robbins, Mixon's Mill, Barnwell, Deer's Mills, 
Buford's Bridge, George's Creek, Erhardt's Mill, Sycamore, 
Elko, Farrell's Store, and Midway. 

In the County of Beaufort there shall be sixteen voting Beant ort. 
precincts, as follows : Beaufort, Port Royal, Grahamville, Genesis liM.'xxf.','^.' 
Cross Roads, Bellinger's Hill, Brick Church, Gordon Corner, 
Hardeeville, Bluffton, Gray's Hill, Lady Island, Chisholm's 
Landing, Old Pocataligo, Levy's Cross Roads, Paris Island, and 
Clem's Store. 

In the County of Berkeley there shall be voting precincts as Berkeley, 
follows : In the Parishes of St. Thomas and St. Dennis. -^Li-^ter ,j^^5^f/'^ 
House and Ben Potter's (at Half Way Creek); in the Parish of ^**^ ^^^ •««'•* 
St. James Santee, Thirty-Two Mile House and Henderson's 
Store ; in the Parish of St. Stephen's. St. Stephen's Depot, and 
Gumville ; in the Parish of St. John's Berkeley, Calamus Pond, 
Black Oak, Strawberry Ferry, Pinopolis, Mount Olivet and 
Biggin ('luiri'h ; in the Parish of St. James Goosi' Creek. Hnlly 
Hill, Cross Roads, Cooper's Store, and Ten Mile Hill. 

There shall be one new voting precinct estal)lished within the 
Seventh Congressional District at the brick Episcopal church, 



58 CIVIL STATUTE LAWS 

A. D. 1894. 



1 on the Georgetown road, near Mount Pleasant, County of 

Berkeley, for the election of Presidential Electf>rs and Congress- 
man, and no voter not a resident of the U)wn of M(»unt Pleasant 
shall vote for Presidential Electors or Congressman at the voting 
precinct in the town of Mount Pleasant. 
Charleston. In the County of Charleston, outside the limits of the city of 
isS;^2x!!n4~; C^^^^l^ston. there shall bo voting precincts as follows: Public 
1803, XXI., 494. f^chool Housc Grounds on James Island, Moultrieville, McClel- 
lanville. Mount Pleasant, in Christ Church Parish, Brick 
Church, in St. Andrew's Parish. Haut Gap on John's Island, 
Enterprise Postoffice on WaJmalaw Island, Camp Ground on 
Edisto Island, and at the nearest available place to the city 
limits on Meeting street road. 

In the city of Charleston, registration and voting precincts 
shall conform to the wards in which said city is now by law 
divided, and there shall be registration and voting precincts as 

follows : Tlie first precinct of Ward One shall embrace all that 
First prednct *• 

of Ward 1. portion of said ward South of Broad street. East of Church 

street to Water street. South of Water street to Meeting street. 

East of Meeting street to South Bay street. The poll shall be 

pouiDg place, li^ld at or near the comer of Church and Water streets. The 

second precinct of Ward One shall embrace all that portion of 

Second D r g— 

ciDctof Ward 1. said Avard South of Broad street. East of King street, West of 
Church street to Water street to Meeting street. West of Meet- 
ing street to South Bay street. The poll shall be held at or 
Polling place. ^^^^ ^^^ corner of Meeting and Tradd streets. The first pre- 
cinct of Ward Two shall embrace all that portion of said ward 

First DreclDct 

of Ward 2. South of Broad street, West of King street to South Bay street, 
including South side of said street to Ashley River, East of 
Legare street to Tradd street, Xorth of Tradd to Logan street. 
East of Logan to Broad street. The poll shall be held at or 
near the corner of King and Tradd streets. The second precinct 

PoUIdk place. " . _ 

of Ward Two shall embrace all that portion of sjiid ward South 

dnct of Ward ii. of Broad street, West of Logan street to Tradd street, South of 

Tradd to Legare street. West of Legare street to Ashley River. 

Polling place. The poll shall be held at or near the corner of Xew and Broad 

First precinct streets. The first precinct of Ward Three shall embrace all 

that portion of said ward North of Broad street. South of Hasel 

street. East of Church street and Maiden Lane. The jk)11 shall 

Polling place, be held at or near the corner of State and Cumberland streets. 

The second precinct of Ward Three shall embrace all that por- 



OF SOUTH CAROLINA. a9 

A. D. 18»i. 

tion of siiiil wani NOrtli of Broad street, South of Hasel street, """ '' ' 

■ ,»•! X ii'.i r tr- Seconn p r p- 

Wi'st of Cliurch street and Maideii Lane aiia Last of King cinctof wunia. 

street. The j)oll shall he held at Market Ilall. The first j)re- PoiunK i)iac«. 
ciiict of Ward Four shall einhrace all that portion of said ward 
North of liroad street, South of Wentworth street. West of King „f vvwij'*!^"*^ 
street and East of Mayzyck and Coming streets. The poll siiall 
he held at or near the corner of Archdale an<l IJeaufain streets. Poiung place. 
The second precinct of Ward Four shall em hrace all that portion 
of said ward North of Broad street, South of Wentworth street, ^,^,7;?Vra 4.' 
West of Mazyck and Coming streets. The j)oll shall he held at poIIIdk piare. 
or near the corner of Smith and Beaufaiu streets. The first pre- piret precinct 
cinct of Ward Five shall einhrace all that portion of said ward °' ^^^ *' 
North of Ilasel street, South of Calhoun street and East of An- 
son street. The poll shall be held at or near the corner of Lau- poiunR place, 
reus and Middle streets. The second precinct of Ward Five 
shall embrace all that iiortion of said Ward Xorth of Hasel street, .Second pre- 

^ clnct 01 Ward o. 

South of Calhoun street, AVest of Anson and East of King street. 

The poll shall be held at or near the corner of Meeting and Pouing place. 

Society streets. The first i)recinct of Ward Six shall embrace all First precinct 

of \VflJ"(l 

that portion of said ward North of Wentworth street. South of 
Calhoun street, West of King street and East of Pitt street. The Polling place, 
poll shall be held at or near the corner of George and College 
streets. The second precinct of Ward Six shall embrace all that second p re- 
portion of said Ward Xorth of Wentworth street, South of Cal- 
houn street and West of Pitt street. The poll shall be held at poiung place, 
or near the corner of Bull and Rutledge streets. The first pre- First precinct 
cinct of Ward Seven shall embrace all that portion of said wiird °'^^ 
North of Calhoun street, South of Mary street and East of Eliza- 
beth street. The poll shall be held at or near the corner of Polling place. 
Alexander and Charlotte streets. The second precinct of Ward second p re- 
Seven shall embrace all that portion of said Ward North of Cal- 
liouu street, South of Mary, West of Elizabeth street and East 
of King street. The poll shall be held at or near the corner of poiiing place. 
Hudson and Meeting streets. The first precinct of Ward Eight First pracinct 
shall embrace all that portion of said ward North of Calhoun 
street. South of Radcliife street. West of King street and East of 
Pitt and Thomas streets. The poll shall be held at or near the pouing place, 
corner of Vanderhorst and Coming streets. The second precinct sw^mu pre- 
of Ward Eight shall embrace all that portion of said ward North ci^-^' «f ^^'*«» «• 
of Calhoun street, South of RadclitTe and Bee streets and West of 
Pitt and Thomas streets. The poll shall be held at or near the Polling place. 



60 CIVIL STATUTE LAWS 

A. D. 18W. — — _ _ 

""■ V -^ corner of Rutledge and Vanderhorst streets. 'I'he first precinct 

of waniu. of Ward Nino shall eml)racc' ail that portion of said ward North 

of Mary street, Soiitli of Columbus street and East of Nassau 

Polling place, and Hanover streets. The poll shall be held at or near the 

,^<^"""'1„ pre- corner of Amherst and America streets. The second ijrecinct 
clnct of Wuril It. ' 

of AVard Nine shall eml^race all that portion of said ward North 

of Columbus, East of Hanover street to the city boundary. The 

Poiung place, poll shall 1)0 held at or near the corner of America and Cooper 

First precinct streets. The first precinct of Ward Ten shall enil)race all that 

of Ward 10. ^ 

portion of said Ward North of Mary street, South of Columbus 
street, "West of Nassau and East of King street. The poll shall 

Poiiinflr place. \)q \iq[([ .^t or near the corner of Wolfe and Meeting streets. 

clnct of Ward fo "^^^ second precinct of Ward Ten shall embrace all that portion 

of said ward North of Columbus, East of King street and West 

of Hanover street to the city boundary. The poll shall be held 

Polling place, at or near the corner of Line and Meeting streets. The first pre- 

-^^..Pf,^^*"*^*^ cinct of Ward Eleven shall embrace all that portion of said ward 
of Ward 11. '- 

North of Radcliffe street, South of Spring street, "West of King 
street and East of Rutledge avenue. The poll shall be held at 

Polling place, or near the corner of Morris and Coming streets. The second 

Second pre- precinct of "Ward Eleven shall embrace all that portion of said 
ward North of Spring street, West of King street and East of 
Rutledge street to the city boundary. The poll shall be held at 

Polling place, or near the corner of Line and Coming streets. The first pre- 

First precinct cinct of Ward Twelve shall embrace all that portion of said ward 
North of Bee street. West of Rutledge avenue. East of President 
street and its line of prolongation to the city boundary. The 

Polling place, poll shall be held at or near the corner of Ashley and Spring 

clnct of Ward 1^ streets. The second precinct of A\'ard Twelve shall embrace all 

that portion of said ward North of Bee street. West of President 

street and its line of prolongation to the city boundary. The 

Polling place, poll shall he held at or near the corner of Sj)ring and Norman 
streets. 

Voting pre- The said voting precincts are hereby declared to be the voting 

clncts forall ojr j o 

elections. precincts for all elections held in the city of Charleston, whether 

State, Federal or municipal. 
Chester -"-^^ ^^® County of Chester there shall be voting precincts as fol- 

~i889, XX., 348; lows : Chester Court House, Lowrvville, Fishing Creek Church, 

1891 XX 1043" -' » - fn 

1893', xxi'., 494.' Rossvi lie, John Simpson's, Camel Hill, J. E. Wylie's Store. 
Landsford, Cornwell, Richburg, Wylie's Mill Academy, Fishing 
Creek Factory, Baton Rouge, Edgeraoor. 



OF SOUTH CAROLINA. 61 

A. D. ISOl. 

In the Countv of Ohesterlifld tlicrc sli:ill Ix- voting precincts as ' ■ ' 

. '.11^. 11 /ii 1. .,• ('ht«U'rlleUl. 

follows: Clit'stfrfu'ld (V)urt Jloiist'. ( licraw. lirowii ^|)nll;^'n, ,f«.,,, xx.. 8ii ; 
Bethel Church, Colo Jlill. Mount Cro<rhan, Dudley, Fox I'lace, imwCxxi;: 4w.' 
.Jefferson. Hebron Church, McKay's Cross Roads Church, 
Catarrh, Brock's trills, DouL^lns^' Mill, and Grant's Mill. 

In the County of Clarendon Ihcif shall be votiuff precincts as ciaremion. 
follows: Maiming, P'ork, New Zion, P'orestoii, .Ionian, Siunnicr- i'^'. xx-. '^n. 
ton, l*i]iewood, juul Packsville. 

In the ('ounty of Colleton there shall be voting precincts as coiieton. 
follows : Reevesville, George's, Murray's Cross Roads, Beech ^{-'^^ ^ " ^' 
Hill, Summerville. Knightsville, Delemaner's Cross Roads, 
Adams Run Depot, .Jacksonboro, Green Pond, Gloversville, 
]\Iai)le Cane, Horse Pen, Walterboro, Hendersonville, Snider's 
Cross Roads, Rice Patch, Belle's Cross Roads, Smoak's Cross 
Roads. Doctor's Creek, Preacher's Mill, and Carter's. 

In the County of Darlington there shall be voting precincts as __Dariington. 
follows : Darlington Court House, Society Hill, Mechanicsville, ^'*^' ^^- ^• 
Lydia, Clyde, Harts ville, Lamar, and Leavensworth. 

In the County of Edgefield there shall be voting precincts as Edgen eid. 
follows : Edgelleld Court House, Meeting Street, Trapp's Store, 573*:^;j85^xix" 
Pleasant Lane, Haltiwanger's Store, Johnston's, Holstein's Cross |^^ ^8"^' ^x- 
Roads, Merriwetlier Hall, Perry's Cross Roads, Coleman's Cross 
Roads, Cheatham's Store, Landrum's Store, Liberty Hill, Red 
Hill, Mount AVilling, Richardsonville, Trenton, Rehobeth, 
^lodoc, Kinard's Store. Plumb Brancli, and Rehoboth. 

In the County of Fairfield there shall be voting precincts as Fairfleid. 
follows : Albion, Bear Creek, Blythewood, Durham, Feasterville, s^s^^^^ggg^xyj-' 
Gladden's Grove, Herob, Monticello, ^Yinnsboro, Ridgeway, and •*'''^- 
AVoodward's. 

In the County of Florence there shall be twelve voting pre- Florence. 
cincts, as follows : Florence, Ebenezer, Timmonsville, Carters- itJl[f\|^"i,^i': 
ville, James' Cross Roads, Elim, Mars Blulf, Evergreen, Hy- 1«»3' xxi'.. 4sm; 
mansville. Unity, Motts, and Salem, at or near Salem Public 
Scho(jl. 

In the County of Georgetown there shall be voting precincts Georgotown. 
as follows : Georgetown, Sampit, Carver's Bay, Choppee, Black j.J^'^^j^.^^^^iy- 
River, Potato Ferry, at or near Ivey's Store, Pee Dee, Grier's, Jwiitiaj'^xxi'' 
Upper Waccanuiw, Lower AV'accamaw, Sautee, Cedar Creek, at '*''^- 
or near Gourdin's Chai)el, and Sandy Island. 

In the County of Greenville there shall be voting precincts as Gnonviiie. 
follows: Two in the city of Greenville, to be located by the ~iks'», xx.. arii 

1801 XX. 1044' 

Commissioners of Elections ; \\'. II. Grant's, Reedy Fork, A. W. iso-si xxi'.. 495.' 



62 CIVIL STATUTE LAWS 

A. D. 18*4. 

""■ — Y ' Ware's, at or near Fork Shoals, T. Henry Stokes', Old Fair View 

Academy, Fountain Inn, at or near Jesse Burdett's, Sr., Butler's 
Cross Roads (in Austin Township), Batesville, James Oreen's, 
Taylor's Station, I)oul)le Springs Church, T. J. Mitchell's, 
Bates' Old Field, S. W. Barton's (in Ghissy Mountain Town- 
ship), John H. Goodwin's. Jennings' Mill, the Old School House 
near Lima, Montague, Piedmont Factory, Gowensville, Marietta 
(in Bates Township, Greer Station, Simpsonville, Tygerville, 
West Uenklin School House, and Locust. 

Ham pton. In the County of Hampton there shall be voting precincts as 

1883 XVIII 573 r^ c -i^ 

follows: Hampton Court House, Lawtonville, Brunson, Brighton, 

Early Branch, Beech Branch, Gillisonville, Nixville, Hennis's 

Cross Roads, Black Creek, Vamville, and Stafford's Cross Roads. 

Horry^ jj^ ^}^e Countv of Horrv there shall be voting precincts as fol- 

1889 XX. 343 * ..I o 1 

i89i|'xx.,"'iw4; lows : Martiu's Hill, Cedar Grove, Conway, Dog Bluff, Muster 

1893 XXI 495 j ^ o ' 

' Shed, Chapel Hill (in Gallivant's Ferry Township), Floyd's 
School House, Blanton's Cross Roads, Bayboro, Sanford, Louis, 
Round Swamp, Hammond, Ebenezer, Little River, Dogwood 
Neck (near Hardee's Mill), Grahamville, and Socastee Academy. 
Kersh aw. In the County of Kershaw there shall be voting precincts as 

i8^\xi "^' follows : Camden Market House, Raybon's Cross Roads. Cure- 
ton's Mill, Lang's Mill, Shrock's Mill, Lyzenby, Westville, Buf- 
falo, Brewer's Store, Liberty Hill, McLean's Branch, Antiocb, 
Turkey Creek School House, Stockton Place, Kirkle^^'s Store, 
Raby's Mill, Shaylor's Hill, and Hanging Rock. 
Lanc aster. Ill the Couuty of Lancaster there shall be voting precincts as 

1889, XX., 343. f qUows : Lancaster Court House No. 1, Lancaster Court House 
No. 2 (for Cane Creek and Waxhaw Townships), New Cut 
School House, Tradesville, Taxahaw, Dr. C. C. Welch's. J. S. 
McCardell's, Philip Cauthen's Store, Belair. Primus, Games' 
School House, and Kershaw in Flat Creek Township. 

Laurens. In the County of Laurens there shall be voting precincts as 

xx^'ii^Ms9.3' 1*^-^^^^^ • L^^irens, Clinton, Reynosa, Langston's Church, Plea- 

XXI., 49.5. gj^j^t Mound, Young's Store, Parson's Store, Power, Grey Court, 

Dial's Church, Shiloh, Woodville, Tumbling Shoals, Brewerton, 

Daniel's Store, Tip Top, Mount Pleasant, Cross Hill, Mountville, 

Hope Well. 

Lexington. Ill the County of Lexington there shall be voting precincts 

18^*':^" ^5 ' ^^ follows : Lexington Court House, T. J. Draft's Store, Lees- 

ville, Lewieville, Goodwin's Mill, Boynton Academy, Red Store, 

Huffman's Burnt Mill, New Brooklyn, Spring Hill, Grange Hall, 

Lexington Fork Cross Roads, Efird's Store, Peake's Station, P. 



OF SOUTH CAROLINA. G3 

A. D. 185M. 



W. Sliualoy's Store, Wessinger's Store, Siunaria, Buterihurg, <" 

Swansea, and Red Bank. 

In tlio County of Marion there sliall l>e voting preciuets as Marion. 



follows: Ariel, Berry's Cross Roads, Mount Nebo, Canij)boir8 jJ^j^-^^-j^^'J 
Hi-idi,'e, Friendship, Higli ]Iill, Little Rock, Marion, Mullins, 
Old Ark, Carniieliael, Temperance Hill, Nichols, Dillon, Cen- 
treville, and Latta. 

In the County of ^farlboro there shall be voting precincts as Marlboro. 

follows : Bennettsville, Red Hill, Brownsville, Hebron, Clio, r-i^^Loa^vvJ" 

' 7 J J 5(4; vsia, XXI., 

Red Bluff, Palmetto School House, Brightsville School House, '•oo. 
and Sinithville, at or near Smitlr's Grove. 

In the County of Newberry there shall be voting precincts as Newbe rry. 
follows : Newberry Court House, Gibson's Store, Glymph's Store, low!" ^^^' ^^"' 
Maybinton, Cromer's Store, Jalapa, Williams' Store, Longshore's 
Store, Prosperity, Jolly Street, Deadfall, Pomaria, Walton Hen- 
drick's Mill, Sligh, and Whitmires. 

In the County of Oconee there shall be voting precincts as oconee. 



follows: Fair Play, South Union, Earle's Mill, Haley's Store, xxi'/^^e^:^^^' 
Friendship, Seneca, Richland, Westminster, Cleveland, Tugaloo 
Academy, Holly's Springs, Damascus, Double Springs, Row- 
lands, Little River, Jocasee, Salem, High Falls, West Union, 
W'alhalla, and Cherry. 
In the County of Orangeburg there shall be voting precincts Orangeburg. 

« • 1 SSO \ X 342* 

as follows : Orangeburg Court House, Branchville, Rowesville, isua, xja.i'wc' 

Jamison's, St. Matthews, Fort Motte, Washington Seminary, 

which shall be located at Taylor's Mill, Zeigler's, Gleaton's, Cor- 

bettsville, Easterling's, Cedar Grove, Ayer's, near Ayer's Shop 

in Middle Township, Connor's, near Connor's Store in Cowcas- 

tle Township, Elloree, Evans' Mill, North, and Quattlebaum, at 

or near J. J. Quattlebaum's. 

In the County of Pickens there shall be voting precincts as jpickens. 

follows: Easley Station, Central Station, Liberty Station, Pick- jg^'x^^',' 49^.' 
ens Court House, Dacusville (at Looper's Gin), Pumpkintown, 
Eastatoe, Cross Plains (in Easley Township), Foster's Store (in 
Dacusville Township), Mile Creek (at Mile Creek Church), 
Prater (at Prater's Creek Church), and Six Mile (in Hurricane 
Township). 

In the County of Ricliland there shall be voting precincts as Ricbianti. 
follows: Eastover, Gadsden, Hampton's Mill, Horrell Hill, ^883. xvin.. 575 
Davis's (at or near William Thomas's residence), Killian's. ("amp 
(! round. Garner's (at or near Di.xon's), City of Columbia — Ward 
One, W ard Two, Ward Three, Ward Four. 



C4 CIVIL STATUTE LAWS 

A. D. 1804. 

' '^•' ^ In tiie County of Spartanburg there shall be voting precincts 
itys'.i. XX., am; '^^ follows: Spartanburg, Glendale, Pacolet, White Plains, Rich 
i8U3ixxi'..4uii!' ^^^'' Macedonia, (Jaffncy City, Grassy Pond, Ezell's, Arrow- 
wood, New Prospect, Cherokee Springs, McKelvey's, Canipton, 
Carapobello, Holly Springs, Duncan's, Crawfordsville, Keidville, 
Cashville, Woodruff, Hobby's, Walnut Grove, Hebron, Cross 
Anchor, Glenn Springs, liecca, Johnson, Wellford, Cowpens, 
Inman, Cannon's Camp Ground, Fingerville, Boiling Springs, 
A'alley Fulls, Fair Forest, Landrum's, Switzer's, Clifttjn Number 
One and Clifton Number Two, Gavin's, Cedar Hill, James 
Allen's (ill White Plains Township), Trough Shoals, Paris, Whit- 
ney, Branuou, Moore's, Maud, and Elloree (at Hill's Store), 
Beaumont Factory, Spartan Mills, Thickety, Golightly, and 
Pelham. 

Sumter. In the County of Sumter there shall be fifteen voting pre- 

xii"49c'^^*^' cincts, as follows : Sumter Court House, Statesburg, Providence, 
Eafting Creek, Bishopville, Mannsville, Bossard's, Mayesville, 
Lynchburg, Shiloh, Concord, Privateer, Smithville, Wedgefield, 
Corbett's Store. 

_^nion. lu the County of Union there shall be voting precincts as 

573; 18*5, xix!'. follows : Union, Cross Keys, Black Rock, Fish Dam, Santuc, 
i«; is'js; XXI., Hugij^s^ Kelly's Mill, Jonesville, Jasper Gibbs', Glandyburg 
Mill, Timber Ridge, Draytonville, Wilkinsonville, Sarratt's Store, 
and Coleraine. 
_wiiiiamsburg. In the County of Williamsburg there shall be voting precincts 
isa^^xxLi'^OT!' ^s follows : Trio, Earle's, Sultan, Gourdin's, Greeleyville, Sal- 
ter's, Kingstree, Cedar Swamp, Cades, Black Mingo, Altman's 
Store, McAllister's Mill, Hebron Church, Indian Town. Lake 
City, Muddy Creek, Scranton, Prospect Church, and Blooming- 
dale. 

York. In the County of York there shall be voting precincts as fol- 

^^- lows : Yorkville, Hickory Grove, Blacksburg, Buffalo (at Moore's 

Cross Roads), Clark's Fork at Magill's Store, Bethany, Forest 

Hill Academy, Fort Mill, Rock Hill, Coates' Tavern, Antioch 

Church (in Bethesda Township), .McCounellsville, Blairsville, 

Bullock Creek, at McNeil's Store, Bethel, Clover, Newport, and 

Sharon, and Tirzah. 

Registration The Supervisor of Registration is hereby authorized and di- 

be'changfd."^^ rcctcd to exchange the registration of such electors as may apply 

1893, XXL, 497. to him for that purpose from other precincts to the precincts 

established by the Act of 1893 whenever it shall appear to him 

that the elector so applying resides within a reasonable distance 

from the same. 



OF SOUTH CAROLINA. 



65 



A. D. 1894. 



CHAPTER X. 

The Manner of Conducting Elections and Returning 

Votes. 

Article 1. The General Election. 

Article 2. Commissioners and Managers of Election. 

Article 3. Formation and proceedings of the lioard of County 

Canvassers. 
Article 4. Formation and proceedings of the Board of State 

Canvassers. 



ARTICLE 1. 
The General Election. 

Section 102. When held and for what purpose. 

Section 162. {^^~-) The general elections for Federal, State When held and 
and (Joimty officers in this State shall be held on the first Tues- ~i^ygo xvii" 
day following the first Monday in November in every second no^'ijga^vn" 
year, reckoning from the year one thousand eight hundred and •^^^■ 
seventy, and at such polling precincts as have been or may be 
established by law ; and all general and special elections held pur- 
suant to the Constitution of the State shall be regulated and con- 
ducted according to the rules, principles and ])rovisions herein pre- 
scribed. 

School Commissioner is a State officer, and to be elected at general election.— 
Pettiyicw V. Bell, 34 S. C, 104. So is the Clerk of the Court of Common 
Pleas.— H')7/iHiaji v. Ostendorff, MS. Dec, 1877 ; State v. Sims, 18 S. C, 4(33. 



ARTICLE 2. 
Commissioners and Managers of Election. 



8KC. 



103 Commissioners and Managers of Elec- 
tion ; how appolntwi. 

KM. Managers may appoint clerk. 

105. Commissioners and Managers to or- 
ganize a.s Board. 

160. OjH'nlng and closing polls; oath to 
voter. 

107. Peace ofllcers to be present at polls. 

ICS. I'laccs for sale of liquors to be closed. 



Sec. 
109. Voting to be by ballot ; description of. 

170. Separate and distinct ballots for offi- 
cers as designated. 

171. Number and description of ballot 
lH)xes : arrangement of polling 
places ; voting, how conducted, etc. 

1?2. Clerk to keep poll list. 
\~^. Time and motle of counting votes and 
making returns. 



Commissioners 

and Managers 

on such ff Klctlon. how 

election, it shall be the duty of the Governor, and he is hereby issj, xvii..iiio 



Section 163. i^^^-) For the purpose of carryi 



5—1 



66 CIVIL STATUTE LAWS 

A. D. 18W. 

""■■ ^' ' authorized and empowered, at least thirty days prior to any such 
election, to appoint for each County three Commissioners of 
Election for Governor, Lieutenant-Governor, State officers. Cir- 
cuit Solicitors, members of the General Assembly, and County 
officers, or any of said officers, and three other Commissioners 
of Election for the election of Presidential Electors and members 
of Congress, or either of said officers, who shall continue in 
office uutil their successors are appointed and qualified. The 
Commissioners of Election for State and County officers shall 
appoint three Managers of Election for such officers ; and the 
Commissioners of Election for members of Congress and Presi- 
dential Electors, or either of said officers, shall appoint three 
other Managers of Election for said officers for each polling 
place at eacli election precinct of the County for which they 
shall resiDcctively be appointed. The said Commissioners and 
Managers shall take and subscribe, before any officer authorized 
to administer oaths, the oath of office prescribed by Section 30 
of Article IL of the Constitution, and the oath with respect to 
dueling, and the same shall be immediately filed in the office of 
the Clerk of the Court of Common Pleas of the County in which 
said Commissioners and Managers shall be apjDointed ; or, if 
there be no such Clerk, in the office of the Secretary of State. 

Managers may ggc 164 {^09.) The Managers mav appoint a clerk to assist 

appoint Clerk. ""^^ * >* *• \ / o ^ xi 

~^yj. them in their duties, who shall take the oath of office prescribed 

by Section 30 of Article II. of the Constitution, and the oath 

with regard to dueling, before the Chairman of the Board of 

Managers. 

Commissioners Cg« igft (110.) The Commissioners aud Managers, at their 

and Managers wv/v. -. v*. \ / . 

to organize as first meetings, respectively, shall proceed to organize as a Board 

Board. ® ' ^ / ' ' r ^ • 

Tb. by appointing one of their number Chairman of the Board ; and 

such Chairman, in each instance, is empowered to administer 

oaths. 

Opening and Scc. 166. {HI-) The polls shall be opened, at such voting 

oafh°ovo t€r.'^' placcs as shall be designated, at seven o'clock in the forenoon, 

U).; i8f<9. XX., jj^(j close at four o'clock in the afternoon of the day of election, 

and shall be kept open during these hours, without intermission 

or adjournment : and the Manager.- shall administer to each i^er- 

son offering to vote an oath that he is qualified to vote at this 

election, according to the Constitution of this State, and that he 

has not voted during this election. 

Managers in receiving votes act ministerially. - S^a^e v. Bruce, 3 Brev., 271. 



OF SOUTH CAROLINA. 07 



A. D. imi. 



Sec. 167. i^J-'-) 'I'liL' Deputy State Constablos, ami other ■ 

l)OJice otiicers of each Uoiiuty, are reqireu to he present timing to im- pn-w-nt at 
tlio whole time tliat the polls arc kept open, and until the <-'li'C- ly^o ^vii. luv 
tioii is conipietetl ; they shall prevent all iiiterferenee with tlio 
Managers, act under their direction, and see that tliere is no in- 
terruption of good order. If there slionld be more than one 
polling place in any County, the State Constable is enii)owered 
;ind directed to make such assignment of his Deputies, and other 
peace oiticers, to such polling places as may, in his judgment, 
best subserve the purposes of quiet and order. 

Sec. 168. (Z^-) All bar rooms, saloons, and other places for Piarns for sale 

the sale of liquors by retail, shall be closed at six o'clock of the cioseu. 

evening preceding the day of such election, and remain closed '**• 

until six o'clock in the morning of the day thereafter : during 
which time the sale of all intoxicating liquors is prohibited. 

Sec. 169. {11^-) The voting shall be by ballot, which ballot voting to bo 
shall l)e of plain white paper, two and a half inches wide by five gcripuon of. 
inches long, clear and even cut, without ornament, designation, ^'^' 

mutilation, symbol or mark of any kind whatsoever, except the 
name or names of the person or persons voted for, and the office 
to which such person or persons are intended to be chosen, 
which name or names, and office or offices, shall be written or 
]»rinted, or partly written and jDartly printed, thereon, in black 
ink ; and such ballot shall be so folded as to conceal the name 
or names thereon, and, so folded, shall be deposited in a box, to 
be constructed, kept and disposed of as hereafter provided ; and 
no ballot of any other description found in any election box shall 
be counted. 

Sec. 170. {1J''>') There shall be separate and distinct ballots separate and 
for the following officers, to wit : 1. Governor and Lieutenant- ror officers as 
Governor. 2. Other State Officers. 3. Circuit Solicitor. 4. ^^ ^— — 
State Senator. 5. Members of the House of Representatives. 
6. County Officers. 7. Representatives in Congress. 8. Presi- 
dential Electors ; on which shall Ije the name or names of the 
person or persons voted for as such officers, respectively, and the 
office for which they are voted. Whenever a vote is to be taken 
on any special question or questions, a box shall be jirovided, 
properlv labeled for that purijose, and the ballots therefor shall 

, T ' . , , ,, Numlier and 

be deposited therein, dcst-nption ot 

Sec. 171. i^^^-) The Commissioners of Election shall i>ro- uri-iinpemcnt of 

• 1 .• 111.' ■ ^ !»• ■ i. 1 !• 1 X pollliijr places; 

Vide lor earli election jjrecinct a suliicient number ot boxes to v 1. 1 1 n g, how 
meet the reiiuirements of the foregoing Section. ^Jb^lils.^^ 



68 CIVIL STATUTE LAWS 

A. D. 1R94. 

' Y In any case in wliicli a voting precinct may fomi part of more 

than one Congressional District, if no other provision be made 
by law, the Commissioners of Election for the County in which 
such precinct is situated shall provide therefor separate boxes 
for every Congressional District within which the said precinct 
may be, and each voter at such precinct shall dei)osit his l>allot 
for member of Congress in the box provided for the Congres- 
sional District within the limits of which he may reside. 

An opening shall be made in the lid of each box not larger 
than sufficient for a single ballot to be inserted therein at one 
time, through which each ballot received proper to be placed in 
such box shall be inserted by the person voting, and by no other. 
Each box shall be provided with a sufficient lock, and shall be 
publicly opened and inspected, to show that it is empty and 
secure, and locked just before the opening of the poll. The 
keys shall be returned to the Managers, and the box shall not be 
opened during the election. Each box shall be labeled in plain 
and distinct Roman letters with the office or officers voted for, 
and the Managers, on the demand of the voter, shall be required 
to read to him the names on the boxes. 

At each precinct a space, or enclosure, such as the Managers 

of Election shall deem fit and sufficient, shall be railed off, or 

otherwise provided, with an opening at one end or side for the 

entrance of the voter, and an opening at the other for his exit, 

as a polling place in which to hold the election for the State, 

Circuit and County offices. A similar, but sejiarate and distinct, 

space or enclosure shall be railed off, or otherwise provided, as a 

polling place for the election of Congressmen and Presidential 

Electors, at such distance from the polling place for State officers 

as the Commissioners of Election for each County shall determine 

and appoint for each election precinct. But one voter shall be 

allowed to enter any polling place at a time, and no one except 

the Managers shall be allowed to speak to the voter while in the 

polling place casting his vote. 

Clerk to keep Sec. 172. i^^^-) Each clerk of the poll shall keep a poll list. 

^ ""^^TT ii,o which shall contain one column headed " Names of Voters :" 

and the name of each elector voting shall be entered by the clerk 

in such column. 

Time and mode Sec. 173. (JJ9.) At the close of the election the Managers 

votes'and mak- ^^^ clerk shall immediately proceed publicly to open the ballot 

log returns. j^^j^j. ^^(j count the ballots therein, and continue such count, witii- 

' out adjournment or interruption, until the same is completed, 



OF SOUTH CAROLINA. 69 

A.D.lHftl. 

ami m;ikc siicli stiiteiiu-nt of tlie result thereof, und siifii the ^""^v^""^ 
same, as tlie nature of the election shall re<juire. No ballot shall 
be counted npon which there shall appear the name of an office, 
or the name of a })er3on in ccmnection with an otficc, other than 
that for which the box in which su(di ballot is found shall be 
ilesignated and labeled. If, in counting, two or more like bal- 
lots shall be found folded together compactly, only one shall be 
counted ; the others must be destroyed ; but if they bear dilTer- 
ent names, all shall be destroyed, and none counted. If more 
ballots shall be found, on opening the box, than there are names 
on the poll list, all the ballots shall be returned to the box and 
thoroughly mixed together, and one of the Managers, or the 
clerk, shall, without seeing the ballots, draw therefrom, and 
imincdiati'ly destroy, as many ballots as there are in excess of 
the number of names on the poll list. Within three days there- 
after, the Chairman of the Board of Managers, or one of them, 
to be designated in writing by the Board, shall deliver to the 
Commissioners of Election the poll list, the boxes containing the 
ballots, and a written statement of the result of the election in 
his precinct. 



ARTICLE 3. 

Formation" ai^d Proceedings of the Board of County 
Canvassers. 

Skc. j Sec. 

174. Commissioners to meet at Connty 178. Three other separate statements to be 
seat and orjjanize as Board of County i prepared. 
Canvassers. 179, Returns ; when, to whom and how to 

175, Canvas ol votes ; protests ; statements be forwarded, 
and returns. 180. Pay of election offlcers; other ejc- 

17C. Duplicate statements to be Died in ! pensesof elections, 

Clerk's ofD(ie. 
177. Separate statements of votes cast for 

each candidate. 

Section 174. C-^-''^) The Commissioners of Election for commissionera 
Covernor, Lieutenant-Governor, State officers, Circuit Solicitor, ty w^ta'nVi'ur- 
membcrs of the General Assembly, and County officers, or either ^"'miuty oin^ 

of said officers, shall meet in some convenient place at the County ^"^'^''^r 

seat on the Tuesday next following the election, before one 
o'clock in the afternoon of that day, and shall ]iroceed to organ- 
ize as, and shall l»e, the County Board of (!anvassei's. Thov may 
jippoiut some competent person as Secretary. The Chairman 



CIVIL STATUTE LAWS 



A. D. 185M. 

'"■' V ' shall then proceed to administer the Constitutional oath to each 
member of the Board, as Canvassers, and to the Secretary, who 
shall, in turn, lulminister the same oath to the Chairman. The 
Commissioners of Election for members of Con<,rress and Presi- 
dential Electors, or either of said officers, shall likewise meet at 
the same time at their County seat, and shall in like manner 
proceed to (organize as. and shall be, the County Bfjard of Can- 
vassers for the election of the Federal officere aforesaid. 

canTassof gnn 175, {121.) The Said Board of County Canvassers, re- 
votes; protests; »'>'«• ■*•«'./ j 

statements and spcctivelv. shall then proceed to ciinvass the votes of the Countv. 

returns. . 

7hT7ni9, 1170, When townships, or parts of townships, of any County may not 
ii<-»«i. ijg jj^ ^l^g same Congressional District, the proper Board of 

County Canvassers of such County, in canvassing the votes for 
Representative in Congress, shall report separately the result of 
the votes of such township, or parts of townships, for the Con- 
gressional District to which they respectively belong. Tlie said 
Boards, respectively, shall have the power, and it is hereby made 
their duty, as judicial officei"S, to decide all cases under protest 
or contest that may arise, subject to appeal to the Board of State 
Canvassers. They shall make such statements of the votes of 
the County as the nature of the election shall require, within ten 
days from their first meeting, as a Board of County Canvassers, 
and transmit to the Board of Stats Canvassers any protest and 
all papers relating to the election. 

Duty of County Canvassers,— -SSote v. Chairman County Canvassers, 4 
S. C, 485. 

Majority, a quorum sufficient. — State v. DeLeisselne, 1 McC., 52. 

But single member cannot act as Board. — State v. Nerland, 7 S. C, 241. 

Board may receive secondary evidence of ballots and returns lost or de- 
stroyed.— /i>. 

They act judicially, and decision conclusive until reversed. — St/jte v. Bruce, 
3 Brev., 264 ; State v. DeLeisselne, supra; State v. Cockrell, 2 Rich., ; Statj^ 
V. Walker^ .5 S. C, 2as. 

Duplicate Sbc. 176. {t'2.) Duplicate statements shall be made and 
flied°in°cierk's filed in the oftice of the Clerk of the County ; and if there be no 

"°*^ l b ~ ^"^^^ Clerk, duly qualified according to law, then in the office of 

the Secretary of State. 
Separate state- Sec. 177. {12S.) They shall make separate statements of the 
Set lor ea'ch whole number of votes given in the County for Kei)resent{itives 

candid ate. .^ Cougress, and separate statements of all votes given for other 

officers. Such statements shall contain the names f»f the persons 
for whom such votes were given, and the number of vot^s given 
for each, which shall be written out in words at full length. 



OF SOUTH CAROLINA. 71 

■ A. D. IWH. 

Sec. 178. {^-"h) 'riii'i'c shall l)c prepared t»y the Coiimiis- '"^^'^ 

sioners three se]):ir;ite lists or stiiteiiients, l)esides tlie lists to be HepuniN; siuu.-- 

filed in the otlice of the County Cleriv, or Secretary of State, and ^^^. " ^ ""^ " 

each list shall be certified to as correct, over the signatures of ^^^ 

the ('i)minissioners, subscribed thereto. 

Sec 179 (l-^'J.) After the final adjuurninent of the Board Returns, when. 
Ki\^\j. * t V. V / J t) Whom, and 

of County Canvassers, and within the time prescribed in this »i"w u. rKi for- 

•' *■ warded. 

Chapter, the Chairman of said Hoard shall forward, addressed J^; 

to the (Jovernor and Secretary of State, by a messenger, the 

returns, poll list aiul all i)apers appertaining to the election. 

Sec 180 {i-''>, !■'>'.) Each Commissioner and i\ranaf(er of Pay of election 
^,, .' , ,, • ,. , • T 11 1 olBcers: other 

Election shall receive lor Ins compensation one dollar per day expenses of 

for his services while actually employed and five cents per mile " i8827^vTi7, 

for necessary travel; each clerk of the Commissioners and of ^,J.I]"= xviii.. 

the Managers, respectively, shall receive one dollar per day while 

actually employed ; but no Commissioner, Manager or clerk shall 

receive pay for more than three days. 

The messengers designated by any of the Boards of Commis- 
sioners, under existing laws, to carry the ballots and reports of 
the Commissioners of Election from the several Counties to the 
city of Columbia, or elsewhere, according to law, shall each 
receive five dollars and mileage at the rate of five cents for every 
mile traveled on the most direct route. 

Notices of election published in any public gazette or County 
newspaper, by authority of the proper Board of Election Com- 
missioners, as required by law, shall be paid for at the rates 
prescribed by law for legal notices. 

To defray the expenses designated herein, the Comptroller- 
General shall draw his warrant on the State Treasurer in favor 
of such Commissioners of Election, Manager of Election, clerk 
of Commissioners or Managers, messenger, and proprietor or 
printer of said gazette, for the amount of compensation to which 
he may be entitled ; the same to be paid by the State Treasurer 
out of any fund appropriated by law to the purpose. 

The County Commissioners of the several Counties shall audit 
and pay all accounts for necessary expenses incurred by the 
Commissioners and Managers of Election for stationery, the 
making of election boxes, rents, and similar expenses, in elec- 
tions held in this State. 



n 



CIVIL STATUTE LAWS 



A. D. 18»4. 



ARTICLE 4. 

Formation and Proceedings of the Board of State 
Canvassers. 



Sec. 

188. How election of Governor may be 
contested. 

189. Secretary of State to record result of 
canvass. 

190. To furnish copy of each detormlna- 
tlon to person declared elected and 
to Governor. 

191. To print statements In public news- 
papers. 

192. To send certificate of election of 
Member of Congress to House of 
Representatives. 

193. To keep record of County officers 
elected. 



Meeting of 
State Canvass- 
ers^ 

1883, XVII., 
1120, glO. 



Who constitute 
the Board; 
quorum. 



Sec. 

181. Meeting of State Canvas-sers. 

182. Who constitute the Boanl ; quorum. 
18.S. When no quorum, President of Senate 

attends and acts. 

184. Board to make statement of votes 
cast for each candidate and certify 
same. 

185. Certificate of determination delivered 
to Secretary of State. 

180. Board declares what persons elected, 
and decides contested cases on ap- 
peal. 

187. May adjourn from day to day for fif- 
teen days. 

Section 181. (137.) The Secretary of State shall appoint a 
meeting of the Board of State Canvassers, to be held at hi.s office, 
or some convenient place, within ten days next after such gene- 
ral election, for the purpose of canvassing the votes for all offices 
voted for at such election. 

Sec. 182. (138.) The Secretary of state, Comptroller-Gene- 
ral, Attorney-General, State Treasurer, xidjutant and In.spector- 
General, and the Chairman of the Committee on Privileges and 
Elections of the House of Representatives shall constitute the 
Board of State Canvassers — four of whom shall be a quorum, 
whennoquo- Sec. 183. {129.) If a majority of tlicse officers shall be unable, 
of Senate a t- or shall fail, to attend, the President of the Senate, on being 
izrT42 — ^notified by the Secretary of State, shall attend without delay, 

and with the officers attending shall form a Board. 
Board to make Sec. 184. [l-^O.) The Board when thus formed shall, upon 
votes^cL^t°for the Certified copies of the statements made by the Boards of 
and certiiy same Couiity Cauvasscrs, proceed to make a statement of the whole 
rh., §4.3. number of votes given at such election for the various officers, 
and for each of them voted for, distinguishing the several Coun- 
ties in which they wore given. They shall certify such state- 
ments to be correct, and subscribe the same with their ])n)per 
names. 
Certificate of Sec. 185. (I'^l-) They shall make and Subscribe, on the pro- 
deiivered toper statement, a certificate of their determination, and shall de- 

Sc c r G 1 8, r V of 

stat^; liver the same to the Secretary of State. 



Jb., §41. 



/b., 644. 



Referred to.— State v. Nerland, 7 S. C, 341. 

Such certificate void when based upon copies of statements of County Board 
of Canvassers, certified by one of the Board.— -S^ate v. Nerland, 7 S. C, 241. 



OF SOUTH CAROLINA. 73 

' A. D. 1804. 

Sec. 186. (!■>'■) Upon such .statements they hIuiH then pro- ~^" -^ ^ 
oeed to dt'tiTniine and dechire what jjcrsons have been, hy the wimt ix-rsons 
greatest miinhcr of votes, duly elected to such ofKces, or either ddc« vimu-au^ 
of them. They shall have power, and it is made their duty, as ^^..""^y**,^ ' 
judicial oflicers, to decitlc all cases under protest or contest that n-". n"-. 6'-i. 
may come before them on api)eal from the decisions of the 
(.'ounty Board of Canvassers. 

B<iard not an iuforior Court ; a special tribunal to decide clectionH. — Whip- 
jicr V. Tdlbhd, :?2 S. C, 1. No appeal from. —Ex J'arlr Maikcy, 15 S. C, 322 ; 
^.r Pdrtr Whippm; :« S. C, 5 ; Petliiircw v. lU-U, :i4 S. C. 104. Duties of.— 
Stah- V. Hdifnc, 8 S. C, :^()7 ; Ex Parte Mnrhry, \o S. C, :wr) ; Ex Parle Elliott, 
Hii S. C, (iO'J. Title to office does not depend upon their decision when not 
cont«^t<Kl. — Ex Parte Sitiith, IS S. C, oH). When they decline to act or are 
equally divided on appeal, decision of County Board stands. — State v. Walker, 
5 S. C, 2('>8 ; Ex Parte Elliott, sjipra. But in election of Senator their deter- 
mination i.s subject to final decision of Senate.— ^jc Parte Scarborough, 34 
S. C, 13. Minute irregularity does not invaUdate election.— State v. Har- 
inan, Chev., 2«)7. Power of Courts in elections.— State v. Alderman, 1 S. C, .30; 
Alejcander v. McKenzie, 2 S. C, 81 ; Ex Parte Carson, .5 S. C, 117. Will not 
grant mandamus to alter decision. - State v. Brxice, 3 Brev., 264; Gn'er v. 
Shai'kleford, 3 Brev., 4!)1 ; State v. Sims, 18 S. C, 401 ; Ex Parte Scarborough, 
34 S. C, 13. But will enforce ministerial duty of mandamus where no appeal 
lies.— JE'j; Parte Mackey, 15 S. C, :335. 

May adjourn 

Sec. 187. (-^'J'^'.) The Board shall have power to adjourn from day to day 

w\^\/. AVf. V / J:- J for tlfteen day^ 

from day to day for a term not exceeding fifteen days. ih..ii72~ii7 

Sec. 188. {^34..) In case of a contest of the election of How eiecoon 
(iovernor, if the General Assembly, by Concurrent Resolution, maybe contest- 
shall entertain the same, the Senate and House of Representa- ipso^xvii. 
tives shall, each separately, proceed to hear and determine the""^*^^''- 
facts in the case, so far as they deem necessary, and decide 
thereon M'ho, according to the lUth Section of Article VUI. of 
the Constitution, is entitled to be declared elected. If the two 
branches of the General Assembly come to the same decision, 
they siuill, by Concurrent Resoluti(m, declare who is duly elected 
and entitled to enter upon and exercise the ottice of (Jovernor ; 
and such person thereupon shall, u)»(»n taking the oaths pre- 
scribed in the Constitution and the oath with respect to duel- 
ing, be inducted into othce. If the two branches of the (Jeneral 
Assembly do not come to the same decision, then an election 
shall be called by the Governor, to take place in not less than 
sixty nor more than ninety days, at which the qualified electors 
shall proceed to vote for a suitable person to fill the office of 
Governor. 

Sec. 189. il->-'»-) The Secretary of State shall record in his secretary of 
office, in a book to be kept by him for that purpose, each certi- 'result ..fcimva^ 
fied statement and determination which shall bo delivered to him ^''•»»^- 



74 CIVIL STATUTE LAWS 

A. D. 1894. 

^■~ ■'^ ' by the Board of State Canvassers, and every dissent or protest 

that shall have been delivered to him by a Canvasser. 
To furnish ggg 190. {l-^'>-) He shall, without delay, transmit a copy, 

copy (if twh de- i i • • • 

teniiinati<in t o under the seal of his oflice, of such certified determination to 
person dwlared ,,iii i ii-i 

eiecuHi and to eaeli persou thereby declared to be elected, and a like coijv to 

Governor. ,, r, 

' //j.,9 41). ^"6 Governor. 

This certificate not the only evidence of election to Honse of Representa- 
tives. If refu.sed, right to seat may be shown otherwise.— S<a/« v. Hayne, 8 
S. C, a57. 

To print state- gec 191 (13T-) He shall cause a copy of such certified stiitc- 

meuta In public ^^^' , * / • ,. . , • V • 

newspap ers. ments and determinations to be printed in one or more public 

rb., 850. newsj)apers of this State. 

Tosendcerti- Sgc. 192. {^■^^■) He shall prepare a general certificate, under 

of^meinber of the seal of the State, and attested by him as Secretary thereof, 

HoiSlof^Repre- addressed to the House of Representatives of the United States 

^i^ fisf ^^ ^^^^ Congress for which any person shall have been chosen, of 

the due election of such person as Representative of this State 

in Congress, and shall transmit the same to the said House of 

Representatives at their first meeting. 

To keep record Sec. 193. il39.) The Secretary of State shall enter in a 

cers electe d." book to be kept in his office the names of the respective County 

lb., 852. officers elected in this State, specifying the Counties for which 

they were severally elected, and their place of residence, the 

office for which they were respectively elected, and their term of 

office. 



CHAPTER XI. 



The Election of Representatives in Congress and Elec- 
tors of President and Vice-President. 

Article 1. Election of Representatives in Congress. 

Article 2. Election of Electors of President and Vice-Presi- 
dent, and formation and proceedings of the 
Electoral College. 



ARTICLE 1. 
Electiox of Representatives in Congress. 

Sec. Sec. 

194. Representatires ; bow and when l^^). Division of State Into OoDgresslonal 

chosen. Districts. 

i 196. Each District elects one member. 



OF SOUTH CAROLINA. 75 

~' A. D. IKM. 

Section 194. {^ l--) lu;)ir(isentative.s in tlic lloiisr of liN-prc- ' '^ -^ 
sontiitivos of tlu! Coiigresri of the United Stiitcs sluili Ix' <-lio.st'n uv.-h. how and 
ut ouch <,'enerul election in the several Congressional Districts l)y j^ xvii 
the qualitied voters thereof. 1117,825. 

Sec 196 (J-'fJ-) 'I'lHi State is dividctl into seven Conffres- „,i^'^' ' « ' " " "' 
sionul Districts, jis follows : grf*Hionai Dte- 

The First Congressional District shall be composed of the /;,,. hco; lew. 

Counties of Charleston, Ceorgetown, Beaufort, and of the town- ^^'" '*' ^ 

'^ , • r. ^'"' Dtetrict. 

ships of Anderson, Hope, Indian, Kings, Laws, Mingo, Penn, 

Ridge, Sutton and Turkey (»r the County of Williamsburg, the 
townships of CJollins, Adams Run, (ilover, Frazier, Lowndes and 
lilake of the County of Colleton, and all (^f the County of Berke- 
ley except such townshi})s as are cnil)raced in the Seventh Con- 
gressional District below. 

The Second Congressional District shall be composed of the second District. 
Counties of Hampton, Barnwell, Aiken and Edgefield. 

The Third Congressional District shall be composed of the xuird District. 
Counties of Abbeville, Newberry, Anderson, Oconee and Pickens. 

The Fourth Congressional District shall be composed of the Fourth District. 
Counties of Greenville, Laurens and Fairfield ; all of the County 
of Spartanburg except the townships of White Plains and Lime- 
stone Si)rings ; all of the County of LTnion except the townships 
of (iowdeysville and Draytonville, and of the townships of Cen- 
tre, Columbia and Upper of the County of Richland. 

The Fifth Congressional District shall be composed of the Firth District. 
Counties of York, Chester, Lancaster, Chesterfield, Kershaw, 
and the townships of White Plains and Limestone Springs of the 
County of Spartan])urg, and the townships of Gowdeysville and 
Draytonville of the County of Union. 

The Sixth Congressional District shall be composed of the sixth District. 

Counties of Clarendon. Darlington, i\Iarll)oro, Marion, Florence, 

Horry, and the townslii})s of Lake, Lee's, Johnson's and Sumter, 

and the town of Kingstree in the County of Williamsburg. 

The Seventh Ccmgressional District shall be composed of the seventh dis- 

• trict 

Counties of Lexington, Orangeburg, Sumter, the townships of 

Bell's, Giveham's, Burns, George, Cain, Dorchester, Heyward, 

Roger, Sheredon, Verdier, Broxton's and Warren of the County 

of Colleton ; and the townships of St. James Goose Creek. St. 

John's Berkeley and St. Stephen's of the County of Berkeley, 

and Lower Township of the County of Richland. 

In every case in which under the provisions of this Section Roport iiy 

the townships of any County may not all be in the same Con- vuLcrs." 



76 



CIVIL STATUTE LAWS 



Be] 
at 
dncts. 



A. D. 18W. 

gressional District, it shall be the duty of the proper Board of 
Canvassers of such County in canvassing the votes of said County 
to report separately the results of the vote of such townships for 
the Congressional District to which it may belong, 
boxes In any case in which a voting precinct may form part of more 
than one Congressional District, if no other provision be made 
by law, the Commissioners of Election for the County in which 
such precinct is situated shall provide for such precinct separate 
boxes for every Congressional District within which the said pre- 
cinct may be, and each voter at such precinct shall deposit his 
ballot for member of Congress in the box provided for the Con- 
gressional District within the limit of which said voter may 
reside. 



Each District 
elects one mem- 
ber. 



Sec. 196. {lJf2 ) Until the next apportionment be made by 
the Congress of the United States, each of the said Congressional 
ih., 1122, §55. j)jg^j,jc^g shall be entitled to elect one member to represent this 
State in the Congress of the United States. After such new ap- 
portionment by Congress, the General Assembly shall divide the 
State into as many Congressional Districts as the State is entitled 
to members in the House of Representatives. And in case the 
Congress of the United States shall by any new apportionment 
give to this State more than seven members of the House of 
Eepresentatives, and the General Assembly shall not be in ses- 
« sion, the Governor shall by proclamation issue writs of election 
for Congressmen at large, one or more, as the case may be. 



ARTICLE 2. 

Election of Electors of President and Vice-President, 
AND Formation and Proceedings of the Electoral 
College. 



Sec. 



Sec. 



197. Electors of President and Vice-Presi- 
dent, how chosen. 

198. Certlfled copies of statement of votes 
to be made, Ac. 

199. Staiement to be delivered by messen- 
gers to Secretary of State. 

200. Meeting of Board of State Canvassers. 

201. Statement and determination of 
Board. 

202. Certificates by Secretiiry of State; 
messenger. 

203. Determination and cerilflcate of 
Board to be published. 



205, 
206, 



207. 



204. Meeting of the Electors ; preliminary 
organization. 

Duties of Secretarj' of State. 
Permanent organization ; vote by 
ballot, kc. 

Certlfled list of candidates voted for, 
and the vote for each, to be made. 

208. To appoint messengers to deliver 
llste ; when and to whom. 

209. Other duplicate lists ; to whom for- 
warded and delivered. 

210. Compensation of Electors. 



I 



OF SOUTH CAROLINA. 77 

A. D. 18»4. 

Section 197. i^'f^-) When an election for I'residcTit and '""^ — ■' ' 

Vice-lVcsidcnt ot" tliu LTiiited States (jccurs, there shall Ije elected, prcMidcni and 
by general ticket, as many Electors of President and Vice-i'resi- howciu^en?" 
dent as this State shall be entitled to appoint ; and each elector ,,}^'i^ ^"^ 
in this State shall have a right to vote for the whole number of 
such Electors ; and the several persons, to the number required 
to be chosen, having the highest number of votes shall tje de- 
clared and and deemed duly appointed Electors. 

Electors derive authority from Constitution and laws of United States ; 
their title cannot be determined by quo warranto in name of State.— &7a<e v. 
Bowni, 8S. C, 4U0. 

Sec. 198. {H4-) The Commissioners of Election of each cerufled copies 
County shall make four certified copies of the statement of votes votes to be 
given for Electors in their County : one of which copies shall be '^/7"ii'.i^~«7 
filed in the office of the Clerk of the County, if there be such 
Clerk duly qualified by law ; another of such copies they shall 
forthwith transmit to the Governor ; another to the Secretary of 
State ; and deliver the other as hereinafter directed. 

Sec. 199. m-^-) The Commissioners of Election of each statement to 
County shall aj^point a messenger, and shall deliver to such mes- messengers to 
Sanger the remaining certified copy of the statement of the votes stote*!^ a y o 
given in their County for Electors, securely enclosed and under ■i'b-ess. 
seal, and such messenger shall proceed forthwith to deliver the 
same to the Secretary of State. 

Sec. 200. (-?-^^'-) The Board of State Canvassers shall meet Meeting of 
at the office of the Secretary of State within ten days next after canvass e rs. 
such election, to canvass the votes given for the Electors of ib.,m. 
President and Vice-President ; and in case all the certified state- 
ments shall not have been received on that day, the Board may 
adjourn from day to day until the same shall have been received, 
not exceeding five days ; and if at the expiration of four days 
certified copies of the statements of the County Canvassers shall 
not have been received from any County, the Board shall pro- 
ceed to canvass upon such of the said statements as shall have 
been received. 

Sec. 201. (H'^-) The Board shall proceed, in nuikiiig a state- statement and 
ment of all the votes, and determining and certifying the per- of Board." 
sons elected, in the manner prescribed by law in relation to the ib.,ioo. 
election of other officers. 

Sec. 202. i-^-i^'-) The Secretary of State shall, without delay, certiucates by 
cause a copy, under the seal of his office, of the certified deter- state. *^ Messon- 

mination of the Board to be delivered to each of the persons ^'v—j^^ 

therein declared to be elected ; and for that purpose he may 



78 CIVIL STATUTE LAWS 

A. D. 1804. 

' >^ ' employ such aud so many messengers as be shall deem necessary. 

The messengers so employed shall receive for their compensation 
twelve cents per mile for traveling, to be audited by the Comp- 
troller-General upon the certificate of the Secretary of State. 
Detonnination Scc. 203. {H^-) The determination and certificate of the 
of^Boary'to'be Board in i-elation to the choice of the Electors shall be published 
publis hed. -^^ ^j samc manner as provided in relation to the certificates of 

lb., 802. ^ 

the election of other officers. 
Meetingofthe Sgc. 204. i^'^^-) The Electors of President and Vice-Presi- 
Eieotors. Pre- (Jent shall convene at the capital, in some convenient place, on 

Uniinary organ- a ' i ' 

i^^tion. the second Monday in January next after their election ; and 

i885,"xixi*25! those of them who shall be assembled at eleven o'clock in the 
365. ' " forenoon of that day shall, immediately after that hour, proceed 
to a preliminary organization and make such preliminary ar- 
rangements as may be necessary for permanent organization and 
the casting of the electoral vote of the State. 
Duties of se- Sec. 205. {^'^4-) The Secretary of State shall prepare three 
cretary of State, jig^g of the names of the Electors, procure to the same the signa- 
XX., 865.' ' ture of the Governor, affix thereto the seal of the State, and 
deliver them, thus signed and sealed, to the President of the 
College of Electors on the said second Monday in January. 
Permanent or- Scc. 206. (^•>5.) On the said second Monday in January, at 
b^SotTir*^ 12 o'clock M., the Electors shall meet at some convenient place 
~7b7§6srxxy^ at the capital and effect a permanent organization by the elec- 
tion of a President and Secretary from their own body, proceed 
to fill by ballot and by plurality of votes all vacancies in the 
Electoral College occasioned by the death, refusal to serve, or 
neglect to attend at that hour, of any Elector, or occasioned by 
an equal number of votes having been given for two or more can- 
didates for Presidential Electors, and then and there vote by 
ballot for President aud Vice-President, one of whom at least 
shall not be an inhabitant of the same State with themselves. 
They shall name in their ballots the persons voted for as Presi- 
dent, and, in distinct ballots, the persons voted for as Vice- 
President. 
Certified lists Sgc. 207. (J-^(^-) They shall make distinct lists of all persons 
voted tor and voted for as President, and of all persons voted for as Vice- 
to^be'made.^ President, and of the number of votes for each, which lists they 
ii^4^~§i;if ^ ^ ^" ^^^^^^ ^^S^ '^^^^ certify ; and, after annexing thereto one of the 
lists received from the Secretary of State, they shall seal up the 
same, certifying thereon that lists of the votes of this State for 
President and Vice-President are contained therein. 



OF SOUTH CAUULIXA. 79 

" " A. D. 1894. 

Sec. 208. (-?<^7'-) The Electors shall then, by writing, under ' -^ ' 
their hands, or under the hands of a majority of them, appoint a nif>s.sf n g .,• r to 
person to take char<^e of the lists so sealed up, who shall deliver wh.;n umi to 
the same to the President of the Senate of the Congress of the ^^^" jj.^ ^^ 
United States, at the seat of government, before the second sos. 
Wednesday in February then next ensuing. 

In case there shall bo no President of the Senate at the seat of 
government on the arrival of the person entrusted with the lists 
of the votes of the Electors, then such person is required to 
deliver the lists of the votes in his custody into the office of the 
Secretary of State of the United States. 

Sec. 209. {158.) The Electors are also required to forward other duplicate 
forthwith, bv the postoffice, to the President of the Senate of forw'arfied and 
the United States, at the seat of government, and to deliver "fh'.;g7o7i^ 
forthwith to the Judge of the United States for the District of ^^•' ^• 
South Carolina, and to the Secretary of State, to be filed in his 
office, similar lists signed, annexed, sealed up, and certified in 
the manner aforesaid. 

Sec. 210. (I'^O.) Every Elector of this State for the election compensation 

of Flp(*tors 

of a President and Vice-President of the United States who shall - ivj^j^x TTIT, 
attend at any election of those officers, and give his vote at the "^5, §73. 
time and place appointed by law, shall be entitled to receive for 
his attendance at such election, and for traveling to and from 
his place of residence by the most usual route, the same sum as 
shall at the time be allowed by law to members of the General As- 
sembly for their attendance and travel, to be paid in like manner. 



CHAPTER XII. 

The Election of County Officers. 

Sec. I Sec. 

211. General election for County officers; 213. Vacancies in County offices; how 

when held. ' flUed. 

Section 211. (l^^^-) There shall be a general election for General eiec- 
the following County officers, to wit : County Commissioners "^"pJsl" ^°he*n 
and School Commissioners, held in each County at every general ^^'^- 

IS^t) \ V 1 1 

election for members of the House of "Representatives; and for ii2o,'i7'-i; ir>'.', 

Gou St §§ 04* 

the election of Sheriff, Coroner, and Clerk of the Court of Com- 701 ;" oVn., .\rt! 
mon Pleas, at every alternate general election, reckoning from x i x', '1 4 4- 
the year one thousand eight hundred and eighty-eight, except as 28I; con.' Art! 
to the Counties of Berkeley and Hampton. isw, xx'., t;49. ' 



80 CIVIL STATUTE LAWS 

A. D. IStH. 

■"" — ^' ' The Probate Judge, and in the Counties above excepted the 

Clerk of tlie Court of Common Pleas, Sherilr. and Coroner also, 
shall be fleeted at every alternate general election, reckoning 
from the year one thousand eight hundred and ninety. 

Clerk is a State officer withiu meaning of Constitution, Art. XIV., Sec. 10 ; 
and his term is limited to next j^eneral election. — H'i7/i<i>;is v. Ostendorf, MS. 
Dec., 1877 : State v. Sims. IS S. C, 4(53. 

So is School Commissioner, and his terra is so limited.— PeMiyreu; v. Bell, 
34 S. C, 104. 

vaoancies In Scc. 212. (J^^-) I^ the event of a vacancy at any time in 
bow diied. ^ ' any of the offices of any County of the State, whether from 
nctt^Mr?^"^"' <i6^th, resignation, disqualification, refusal or neglect to qualify 
of the person elected or appointed thereto, e.vpiration of the 
term of office, removal from the C(juuty, or from any other 
cause, the Governor shall have full power to appoint some suit- 
able person, who shall be an elector of the County, and, upon 
duly qualifying according to law, shall be entitled to enter upon 
and hold the office to which he has been appointed, if it be an 
elective office, until the next general election for such office, and 
until his successor shall qualify ; and if it be an office which was 
filled originally by appointment, until the adjournment of the 
General Assembly at the regular session next after such appoint- 
ment ; and shall be subject to all the duties and liabilities inci- 
dent to said office during the term of his service therein. 

Legislature may provide to fill vacancy in Clerk's office by election.— /Jei^fer 
V. Hemphill, 2 S. C, 32.5. 

The Governor cannot so fill a vacancy in the office of Judge of Probate, 
where the unexpired term exceeds one j'ear ; Const., Art. IV., Sees. 11 and 20 
control.— TT7ii7»ure v. Langston, 11 S. C, 181. 



CHAPTER Xlll. 
Primary Elections. 



Sec. 



213. Primary elections ; how conducted ; 
appointment of Managers and tbelr 
oatb. 



Sec 



214. Duties of .Managers. 

315. Returns; bow made and wben filed- 



Primary eiec- Sectioii 213. Every political primary election held by any 
ducted^appoiut- political party, organization, or association, for the purpose of 
^ere; t"heir cLth choosing Candidates for office, or the election of delegates to 
and where filed, conventions, shall be presided over and conducted in the manner 

18<S8, XX., 10, §1 ^ . . . . 

prescribed by the rules of the political party, organization or 



OF SOUTH CAROLINA. 81 

__ _ A. D. 18W. 

ussocialioii liuldiiit,^ such primary election, \)\ Managers selected "*" ^ ' 
ill the iiiaiiiicr jirescribed by such rules. Each Manager shall, 
before entering u[)()n the discharge of his duties, take and suIj- 
scribe an oath that he will fairly, iini)artially and honestly con- 
duct the same according to the provisions of this Chapter and 
the rules of such party, organization or association. Should one 
or more of the Managers ai)pointed to hold such election fail to 
aj)pear on the day of election, the remaining ^lanager or Man- 
agers shall appoint others in their stead and administer to them 
the oath herein prescribed. The Managers shall take the said 
oath before a Kotary Public or other officer authorized to admin- 
ister oaths ; but if no such ofJicer can be conveniently had, the 
Managers may administer the oath to each other. Such oaths 
shall, after being subscribed by the Managers, be filed in the 
office of Clerk of Court for the County in which such election 
shall be held within five days after such election. 

Sec. 214. Before any ballots are received at such election, ouUesofMan- 
and immediately before opening the polls, the ^lanagers shall ih.,iJ. 
open each ballot box to be used in such election and exhibit tlie 
same publicly, to show that there are no ballots in such box. 
They shall then close and lock or seal up such box, except the 
opening to receive the ballots, and shall not again open the 
same until the close of the election. They shall keep a poll list, 
with the name of each voter voting iu such election, and shall, 
before receiving any ballot, administer to the voter an oath that 
he is duly qualified to vote according to the rules of the party, 
and that he has not voted before iu such election ; and at the 
close of the election they shall proceed publicly to count the 
votes and declare the result ; they shall certify the result of such 
election, and transmit such certificate, with the poll list, ballots 
and all other papers relating to such election, within the time 
prescribed, and to the person or persons designated by the rules 
of the party, organization or association holding such election. 

Sec. 215. Every such primary election shall be held at the ReturusiHow 
time ajid place and under the regulations prescribed by the rules oiedf 
of the party, organization or association holding the same, and ib., 63. 
the returns shall be nuide and the result declared as proscribed 
by such rules ; but the returns of the Managers, with the poll 
list, shall be filed in the office of the Clerk of Court for the 
County in which such election is held within four days after the 
final declaration of the result thereof, and shall renuiin there for 
i)ublic inspection. 
G— I 



82 



CIVIL STATUTE LAWS 



A. D. 1694. 



TITLE III. 

OF THE ASSESSMENT AND COLLECTION OF TAXES. 

Chapter XIV. — The Assessment of Taxes. 
Chapter XV. — The Collection of Taxes. 



CHAPTER XIV. 
The Assessment of Taxes. 

Article 1. Subjects and lien of taxes. 

Article 2. Definition of terms. 

Article 3. Property exempt from taxation. 

Article 4. General rules as to the return and assessment of 
property. 

Article 5. Special provisions as to returns of merchants, 
manufacturers and pawnbrokers, and respect- 
ing mines and mining claims. 

Article 6. Special rules as to returns and assessment of rail- 
road, express, telegraph and insurance compa- 
nies, and provisions as to other corporations. 

Article 7. Special rules as to banks and bank stocks and un- 
incorporated bankers and banking associations. 

Article 8. Proceedings on default of return and penalties 
therefor ; valuation of propert)" for taxation. 

Article 9. The County Auditor ; appointment, tenure of 
office and general powers and duties. 

Article 10. Boards of Assessors and Boards of Equalization 
and their functions. 



ARTICLE 1. 
Subjects axd Liex of Taxes, 



Sec. 



Sec. 



21G. Poll tax ; who liable for, 
217. What property is taxable. 
318. Who liable for taxes on real estate. 



219. Personal property held In trust or 
charge for others, who liable for 
taxes on. 

220. Taxes a debt due the State, and a 
first lien upon property taxed ; how 
enforced. 

Poll tax; who SectioH 216. {l^S.) There shall be assessed on all taxable 

liable for. »*>./•««/*>*." w^^-.,. \ / 

1882 XVII, polls in this State an annual tax of one dollar on each poll, the 

985. § 15.3. 



OF SOUTH CATIOLINA. 83 

A. D. 1804. 

proceeds of which tax shall be applied solely to educational pur- ''— ^v-^^ 
poses. All males between the ages of twenty-one and fifty years, 
except those incapable of earnini,' a support from ])oin<f maimed 
or from any otiier cause, shall l)e deemed taxable polls. 

Poll tnx (Constitutional, but limitwl to use for educational purposes.— .S^ate 
V. Cobb, S S. C, 128. 

Sec. 217. {J^^Jf') All real and personal property in this State, What property 
and personal property of residents of this State which may be ~/ft., osOm 
kept or used temporarily out of the State, with the intention of 
bringing the same into the State, or which has been sent out of 
the State for sale and not yet sold ; all moneys, credits, invest- 
ments in bonds, stocks, joint stock companies or otherwise, of 
parties resident in this State shall be subject to taxation. 

Personal property taxable where found.— Jeji/cins v. Charleston^ 5 6. C, 400. 
Grenerally.— 5ta«c v. Charleston, 1 Mill, 3fi ; Bubotu v. City Council, 1 N. & 
McC, 527 ; Hayne v. DeLiesseline, 3 McC, 374. 

Sec. 218. (J6o.) Every person shall be liable to pay taxes whoUabiefor 
and assessments on the real estate of which he or she may stand ^tote.°° ^^^^ 
seized in fee or for life, by courtesy, in dower, as husband in J^-. siso, 
right of his wife, or may have the care of as guardian, executor, 
trustee or committee. 

Sec. 219. {^00.) All executors, administrators, guardians. Personal prop- 
trustees, receivers, officers, husbands, fathers, mothers, agents trust or charge 
or factors shall be personally liable for the taxes on all personal uTbie for'tajces 



property which they are required, respectively, to list for taxa- j^ ^ j^ 

tion by the provisions of this Chai^ter, and which was in their 
possession at the time when the return thereof for taxation shall 
have been made by themselves or the County Auditors, and may 
retain in their hands a sufficient amount of the property, or pro- 
ceeds thereof, to pay such taxes for the entire year ; and the 
County Treasurer may collect such taxes by any and all the 
means provided by Chapter XV., either of the principal or bene- 
ficiary, or of the persons so acting as executor, administrator, 
guardian, trustee, husband, father, mother, agent, or factor, 
receiver, or officer. 

Sec. 220. {1~0.) All taxes, assessments and penalties legally xaxos a debt 
assessed shall be considered and held as a debt payable to the imd a ukt^Ten 
State l)y a party against whom the same shall be charged ; and u»xmi° how^en- 
such taxes, assessments and penalties shall be a first lien in all '"^.^^ „.- -r., - 

■^ , I It,, 9b<, 1150. 

cases whatsoever upon the property taxed ; the lien to attach at 
the beginning of the fiscal year during which the tax is levied ; 
and such taxes shall be first paid out of the assets of any estate 



84 CIVIL STATUTE LAWS 

A. D. 1894. 

of deceased persons, or held in trust as assignee or trustee, as 
aforesaid, or proceeds of any property held on execution or at- 
tachment : and the County Treasurer may enforce the said lien 
by execution against tlie said property ; or, if it cannot be levied 
on, he may proceed by action at law against the person holding 
said property. 

When any real estate shall be sold under any writ, order or 
proceedings in any Court, the Court shall, on motion of any per- 
son interested in such real estate, or in the purchase or proceeds 
of the sale thereof, order all taxes, assessments and penalties 
charged thereon to be paid out of the jiroceeds of such sale as a 
lien prior to all others. 

Liens, as preferred.— /Sfafe r. Allen, 2 Bay, 244. Must be expressly made so 
by the law or arise by necessary implication.— /JarAr*'?- v. Smith, 10 S. C, 220. 
Continues as long as Statute provides.— 76. It is not given priority over pre- 
viously attached inchoate right of dower. — Shell v. Duncan, 31 S. C, 547. 

Executions, as to, Section is unconstitutional. — State v. Allen, 2 McC, 55 ; 
State v. Columbia, (5 S. C, 11. But personalty must be exhausted before land 
can be sold. — Ebaugh v. Mallinax, 34 S. C, 364 ; Curtis v. Renneker, 34 S. C, 
468. 



ARTICLE 2. 
Definition of Terms. 

Sec. 221. Meaning of words, terms and phrases. 

Meaning of Scctioil 221. (i'^7.) The phrase ''real property," as used in 

rndphrases!"^ this Title, shall be held to mean and include not only land, city, 

1882, XVII., town and village lots, but all structures and other things therein 

9:J3, §152. to ' 6 

contained or annexed, or attached thereto, which pass t« the 
vendee by the conveyance of the land or lot. The jihrase '"■ per- 
sonal property,^' as used in this Title, shall be held to mean and 
include all things, other than real estate, which have any pecu- 
niary value, and moneys, credits, investments in bonds, stocks, 
joint stock companies, or otherwise. The term "moneys," or 
" money," as used in this Title, shall be held to mean and include 
gold, silver and other coin, bank bills, and other bills and notes 
authorized to be circulated as money, whether in possession or 
on deposit subject to the draft of the depositor or person having 
the beneficial interest therein on demand. The term "credits," 
as used in this Title, shall be held to mean the remainder due, 
or to become due, to a party, after deducting from the amount of 
all legal debts, claims and demands in his favor the amount of 



OF SOUTH CAKiJLlNA. 85 

— A. D. 18M. 



all ]v<^:i\ (lel)t.s and (IciiimihIs a;i:aiiist him, wlietlier such (lcmaii<ls 
1)0 payaliio in iiuMiuy, labor (tr otluir valual)li' thin<,'s ; hut in 
ascertainiiij: siicli ri'iiiaiiuler no di'duction sliall l)e nuide of any 
(thli^Mtioii to any niutual insurance company given for insur- 
ani'c, nor of any suhscri])tion to the capital stock of any joint 
stock company, nor of any taxes assessed against the party, nor 
of any subscription to any religious, scientific, literaiy or chari- 
tahlo pui-pose, nor of any acknowledgment of a liability not 
founded (m a legal and valuable consideration, nor any joint lia- 
bility with others than the party honestly believes lie will be 
compelled to pay, nor of any contingent liability, nor of any 
acknowledgment of debt or liability made for the purpose of 
diminishing the amount of credit to be returned for taxation. 
The phrase "investment in bonds," as used in this Title, shall 
be held to mean all investments of money or means in bonds, of 
whatsoever kind, whether issued by the Government of the 
Uniti'd States, or of this or any other State or Territory of the 
United States, or any foreign government, or any County, city, 
town, or other municipality, or by any corporation or company 
of this or any other State or country. The phrase " investments 
in stocks," as used in this Title, shall be held to mean and 
include all investments of money or means iu the evidences of 
indebtedness, other than bonds or bills designed to circulate as 
money, issued by any government or municipality, and shares of 
the capital of any corporation, company or association, and every 
interest in any such shares or portion thereof ; also, all interest 
or shares in ships, boats or other vessels used or designed to be 
used, exclusively or partially, in navigating the waters within or 
bordering on this State, whether such ship, boat or vessel be 
within the jurisdiction of this State or not, and whether such 
vessel be registered or licensed at any Collector's office in this 
State or not. The word "oath," as used in this Title, shall be 
held to mean and include an affirmation duly made. The words 
" person" and "party," and other word or words importing the 
singular number, as used in this Title, shall be held to include 
firms, companies, associations and corpoj-ations ; and all words 
in the plural number shall apply to single individuals in all cases 
in which the spirit and intent of this Title require it. All words 
in this Title importing the masculine gender shall apply to 
females also ; and all the words in this Title importing the pres- 
ent tense shall apply to the future also. 



86 CIVIL STATUTE LAWS 

A. D. 1894. 

ARTICLE 3. 
Peopekty Exempt fkom Taxation. 
Sec. 222. Exemptions from taxes. 
Exemptions Section 222. {I(i9.') The following property shall be exempt 

from taxes. „ • i • , o x x ./ 

- i882~XYii. ii'oni tiixiition, to Wit : 

085,8161 j^st; Yll public schools, and the grounds actually occupied by 

them, not exceeding in any case three acres. 

2d. All houses used exclusively for i^ublic worship, the books 
and furniture therein, and the ground actually occupied by them, 
not exceeding in any case two acres, and the parsonage and lot 
on which it is situate, so long as no income is derived therefrom. 

3d. All incorporated public colleges, academies and institu- 
tions of learning, with the funds provided for their support, and 
the grounds and the buildings actually occupied by them and 
not used with a view to pecuniary profit ; but this provision shall 
not extend to leasehold estates held by others under the author- 
ity of any college or other institution of learning. 

4th. All real and personal property the rents, issues, incomes 
and profits of which have been or shall be given to any city, 
town, village, school district or sub-district in this State exclu- 
sively for the endowment or support of public schools therein, so 
long as such property, or the rents, issues, incomes or profits 
thereof, shall be used or applied exclusively for the support of 
free education in said schools by such city, town, village, district 
or sub-district. 

5th. All grave-yards or cemeteries, except such as are held 
with a view to profit or speculation in the sale thereof. 

6th. All property owned exclusively by the United States or 
this State. 

7th. All buildings owned by Counties and used exclusively as 
court houses, jails or public otfices. ■with the grounds on which 
such buildings are or may be erected, not exceeding ten acres in 
any County. 

8th. All lands, houses, fixtures and propert}' owned by any 
County or city and used exclusively for the support of the poor. 

9th. All property belonging to institutions of purely public 
charity and used exclusively for the maintenance and support 
of such institutions. 

10th. All fire engines and other implement used in the ex- 
tinguishment of fires, with the buildings and grouuds used ex- 



OF SOUTH CAROLINA. 87 

~~ A. D. 1884. 



clusivoly for the keepiiif^ :in<l preservation thereof, wlien owned 
by any city, town or village, or any fire company organized 
therein. 

11th. All ])ublic squares or grounds and market houses owned 
by any city, village or town, and used exclusively for public pur- 
poses. 

12th. All city, town and village halls owned and used exclu- 
sively for public purposes by any city, town or village. 

13th. All water works to supply water for the use of a town 
or city, the machinery aud fixtures connected therewith, and the 
grounds occupied thereby, when owned by any city or town. 

14th. All bonds and stocks of this State. All municipal bonds 
iu this State which, by the terms of the Act under which they 
are or may be issued, are, or may be, exempted from taxation. 

15th. All bonds aud stocks of the United States which are uot 
authorized by the laws of the United States to be taxed under 
Stiite authority. 

16th. All rents accruing from real estate which shall not be- 
come due within two months after the first day of January of 
the year in which taxes are to be assessed thereon. 

17th. All of any annuity not payable on or before August first 
of the year for which taxes are to be assessed thereon. 

18th. All pensions payable to any person by the United States, 
or any State of the United States. 

19th. All shares of the capital stock of any company or corpo- 
ration which is required to list its capital and property for taxa- 
tion in this State. 

20th. All the wearing apparel of the person required to make 
return and his family. 

21st. Articles actually provided for the present subsistence of 
the person or his family, to the value of one hundred dollars. 

22d. Fair grounds of Agricultural and Mechanical Societies, 
when uot used for purposes of profit. 



I 



.S8 CIVIL STATUTE LAWS 

A.D. ISM. 

ARTICLE 4. 

General Rules as to the Return and Assessment of 

Property. 



Sec. 
228. Comptroller-General prescribes form 

of returns and oath. 
234. Annual rotums of personal property 

to be made by every taxpayer. 
225. What persons must make returns of 



Sec. 
220. Persons listing for others, personally 

responsible ; listing must be In name 

of bolder of lepal title. 
227. At what places p<>rsonal property shall 

be returned for taxation and taxed. 



property belonging to others. 228. When annual returns to be made ; 

particulars embraced ; character and 
value of property. 

Comptroller- Section 223. {~13.) The Comptroller-General shall pre- 
scribes form of scribe the forms of all returns of taxation, and of the oaths that 
' imT'xYii. shall be made thereto, and transmit the same to the several 
1004,^198. County Auditors; and any return made in any way varying 

therefrom shall not be regarded as a return. 
Annual returns Soc. 224. {173.) Every persoii of full age and of sound mind 

pertytobemade shall annually list for taxation the following personal property, 
by every tax-, 
payer. tO Wit : 

IT)., 988. §158. 2g|. ^|] ^j^g tangible personal property in the State owned or 
controlled by him. 

2d. All the tangible projDerty owned by him, or other resident 
of South Carolina, and under his control, which may be tempo- 
rarily out of the State, but is intended to be brought into the 
State. 

3d. All tangible personal property owned or controlled by 
him which may have been sent out of the State for sale and not 
yet sold ; and 

■ith. All the moneys, credits, investments in bonds, stocks, 
joint stock companies, or otherwise, owned or controlled by him, 
whether in or out of this State. 
What persons Sec. 225. {J73.) The property of every ward shall be listed 
turns 'of^'^prop- by his guardian ; of every minor child, having no other guardian, 
to'^otheil!""^"'^ by the father, if living ; if the father be dead, by the mother, 
1^' if living ; and if the mother be dead or married, by the person 
having it in charge ; of the wife, by the husband, if living and 
sane, and the parties are residing together ; if the husband be 
dead, or is insane, or is not living with his wife, by the wife ; of 
every person for whose benefit property is held in trust, by the 
trustee; of every deceased person, by the executor or adminis- 
trator ; of those whose property or assets are in the hands of 
receivers, by such receivers ; of every firm, company, body poll- 



OF SOUTH CAROLINA. 89 

~~~ ~~ ~~~ A. D. 1K94. 



tic or corporate, by the president or principal accounting officer, ' ' 

partner, or agent thereof ; of all persons in the hands or r-ustody 
of any public officer or appointee of a Court, by such officer or 
appointee ; of those absent or unknown, by their agent or the 
person having it in charge ; of lessees of real property, by such 
lessees. 

Sec. 226. {ITJt-) All persons required ])y law to list property Persons iisung 
for otlioit; shall list it separately from their own, and in the sonunv'rLiwn- 
name of the owner thereof ; but shall be personally responsible mast iMirVname 
for the taxes thereon for the year in Avhich tliey list it, and may legai titie^"^ ''^ 
retain so much thereof, or the proceeds of the sale thereof, in Jh.,'m,%\m. 
their own hands as will be sufficient to pay such taxes. All lands 
shall be listed and assessed as the property of the person or per- 
sons having the legal title to, and tlie right of possession of, the 
land at the time of listing and assessment, and in case of per- 
sons having possession of lands for life, in the name of the life- 
tenant. In the case of estates administered, the property shall 
be listed and assessed as the property of '^the estate of'"' the per- 
son deceased ; in cases of trusts, as the property of the trustee, 
st3'led as trustee, committee, or guardian, as the case may be ; 
and in cases of bankruptcy, as the property of the bankrupt. 
And any one who shall knowingly return land in the name of 
one not having the legal title to, and right of possession of, the 
land, at the time of listing and assessment as provided in this 
Section shall be liable in an action of damages in an amount at 
least equal to the tax assessed, at the suit of the one entitled to 
the possession of said land. 

Sec. 227. (-^^'^O All horses, neat cattle, mules, asses, sheep. At what places 
hogs, dogs, wagons, carts, and other vehicles used in any busi- prty^haii be re- 

»•, T ,. I'lii i / T turnwi for taxa- 

uess ; lurniture and supplies used m hotels, restaurants, and tiou mu i taxed, 
other houses of public resort, all personal property used in or in -^'' ' •*^''. ^i^JO. 
connection with storehouses, manufactories, warehouses, or other 
places of business, all personal property on farms, all mer- 
chants' and manufacturers' stock and capital, shall be returned 
for taxation and taxed in the city, village and town in which it 
is situated : all bankers' capital and personal assets pertaining to 
their banking business, in the city, town and village in which 
the banking house is located ; all shares of stock in incorporated 
banks located in this State, in the city, town and village where 
the bank is located. All property of deceased persons shall be 
returned for taxation at the residence of the executor or admin- 
istrator, if in the County where administration may be legally 



90 CIVIL STATUTE LAWS 

A. D. 1801. 



" ''' granted ; but if the executor or administrator reside out of such 

County, at tlie County seat of suoli County, until distribution 

thereof and payment may be made to the i)arties entitled thereto. 

And all other personal property shall be returned for taxation 

and taxed at the place where the owner thereof shall reside at 

the time of listing the same, if the owner reside in this State ; if 

not, at the residence of the person having it in charge. And all 

real estate shall be taxed in the County, city, ward and town 

where it is located. 

When annual SeC. 228. (-?7'6.) Every person required by law to list ])rop- 

made; particu- erty shall annually, between the first day of January and the 

ct^cterTnd twentieth day of February, make out and deliver to the Auditor 

va^ue o prop- ^^ ^j^^ County in which the property is, by law, to be returned 

{/J-'^90, §101 ; f or taxation a statement, verified by his oath, of all the real 

rsi; 1887, XIX., estatc which has been sold or transferred since the last listment 

798. 

of property for which he was responsible, and to whom, and of 
all the personal property possessed by him, or under his control, 
on the first day of January of each year, either as owner, agent, 
parent, husband, guardian, executor, administrator, trustee, re- 
ceiver, officer, partner, factor, or holder, with the value thereof, 
on the said first day of January, at the place of return, estimat- 
ing according to the rules prescribed by law : Provided, That 
the returns of the following agricultural products, to wit : corn, 
cotton, wheat, oats, rice, peas, and long forage, made on the day 
specified by law, shall be of the amounts thereof actually on 
hand on the first day of August immediately preceding the date 
of said return ; but this provision shall apply only to such of 
said products as are actually in the hands of the producer 
thereof. The statement shall set forth : 

1st. The number of horses, and their value. 

2d. The number of neat cattle, and their value. 

3d. The number of mules and asses, and their value. 

4th. The number of sheep and goats, and their value. 

5th. The number of hogs, and their value. 

6th. The value of gold and silver plate, and number of gold 
and silver watches, and their value. 

7th. The number of pianofortes, melodeons, and cabinet or- 
gans, and their value. 

8th. The number of pleasure carriages, and their value. 

9th. The number and value of dogs. 
10th. The value of goods, merchandise, moneys, and credits, 
pertaining to his business as a merchant. 



OF SOUTH CAliOLlXA. 91 

A.D. 1H9J. 

11th. The value of materials received, used, or provided to be • ^ 

used, in his business as a manufacturer. 

'[2t\\. The value of all machinery, engines, tools, fixtures, and 
iiii])lements used, or provided to be used, in his business as a 
manufacturer, and of all manufactured articles on hand one year 
or more. 

13th. The value of moneys, including bank bills and circulat- 
ing notes. 

14th. The value of all credits. 

15th. The value of investments in the stocks of any company 
or corporation out of this State, except national banks. 

16th. The value of all investments in bonds, except bonds of 
the United States and this State, expressly exempted from taxa- 
tion. 

17th. The value of all other property. 



ARTICLE 5. 

Special Provisions as to Returns of Merchants, Manu- 
facturers AND Pawnbrokers, and Respecting Mines 
AND Mining Claims. 



Sec. 

229. Merchants deflned ; statements addi- 
tional to return of. 

230. Manufacturers deflned; statements 
additional to return of. 



Sec. 

2;W. Pawnbrokers ; annual returns ; when 
and to whom made, and what to 
contain. 

232. Jllnes and mining claims, how as- 
sessed and taxed. 



Section 229. (-^^7'.) Any person who shall, at any place in Merchants de- 
this State, be engaged in the business of buying and selling: ments addiuon- 

' , ^ ^ . ,,. , ^ • 1 ^ alto return of. 

l)er.s(jnal projDerty or in selling personal property consigned to i,<j<2. xvii., 

him from any place out of the State, or property not the pro-^^'*^*^' 

duct of this State, consigned to him from any place within the 

State, sliall be lield to be a merchant, and, at the same time he 

is required to list his other personal property, shall deliver to 

the Auditor of the County in which his place of business is 

situated a statement, under his oath, of the average monthly 

value of the personal property, moneys and credits pertaining 

to his mercantile business ; to ascertain which he shall set down 

the value on hand on the first day of January of the preceding 

year, or other time of commencing business during the year, add 

thereto all purchases, when made, at cost, ascertain the average 

value on liand for the month, deduct the average amount of sales 



92 CIVIL STATUTE I^\WS 

A. D. 1804. 

"" — V ' for the month, at cost, and tlie remainder shall be the average on 

hand for that month ; and, in like manner, ascertain the average 
value for each month, down to the first day of January of the 
year in which the return is to be made, add together such monthly 
values, divide the aggregate by the number of months he has 
been in business during the preceding year, as aforesaid, and to 
the quotient add the moneys and credits on hand the first day of 
January of the )'ear in which the return is made, and the pro- 
duct of this last addition shall be the sum upon which he shall 
pay taxes for the year in which the return is made : Provided, 
That when business is opened after the first day of January of 
the preceding year and closed before the first day of January of 
the year in which the return is made, the parties opening and 
closing such business shall make returns on merchandise — the 
time of opening and closing such business being the times used 
as the basis of the return as established in this Section. 
Manufacturers Sec. 230. (^7'<?-) Every person engaged in making, fabricat- 
ments addition- ing or changing things into new forms for use, or in refining, 
— jj^jg3 — - rectifying or combining different materials for use, shall be held 
to be a manufacturer, and shall, at the same time he is required 
to list his other property, make and deliver to the Auditor of the 
County in which his place of business is situated a statement of 
the average value, estimated as provided in the preceding Section, 
of all articles purchased, received or otherwise held for the pur- 
pose of being used by him in his business at any time during 
the year preceding the first day of January of the year in Avhich 
the return is made ; and he shall also list at their full value all 
machinery, tools, implements, fixtures and engines used or pur- 
chased for use in his business (except such as have been appraised 
for taxation as part of the realty), together with all manufac- 
tured articles which have been on hand and remain unsold for 
one year or more prior to the first day of January of the year in 
which the return is made ; also, all the moneys and credits per- 
taining to said business on hand on said first day of January : 
Provided, That all materials provided for use in said business 
shall be estimated as on hand until sold, or remain on hand in a 
manufactured state for one year. 
Pawnbrokers; Sec. 231. {210.) Every pawnbroker, persou or company en- 
w^hfn 'andTo g^ged in the business of receiving property on pledge, or as 
Tnd^wh^^t'^to security for money or other thing advanced to the pawner or 
^^25^?: pledger, shall, annuallv, in the month of Januarv, or before the 

1882 XVII. 

1003, 8195. " twentieth of February, return, under oath, to the x\uditor of the 



i 



OP SOUTH CAROLINA. 



93 



A. D. 1«04. 

County in which his place of business is located, the average ' -^ ~^ 

monthly value of all jiroperty pawned or pledged to him during 

the year ending January first of the year in which the return 

shall be made, or if engaged in the business for less than a year 

prior to said first day of January, then for such shorter period ; 

and such average shall be ascertained by the rule prescribed in 

this Article for ascertaining the average value of the property 

of merchants, and taxes charged on such average value as upon 

other property at the same place. 

Sec. 232. {^11-) All personal property used in connection Mines and 
with mines and mining claims, and all land not actually mined ho"w^a»ie^ 
connected with mines and mining claims, shall be assessed for " j^, ioo4 !~§i9B" 
taxation and taxed as is done in the case of all other personal 
and real estate. In all cases where land is actually mined, such 
laud shall not be assessed for taxation or taxed, but, in lieu 
thereof, the gross proceeds alone of such mines and mining 
claims shall be assessed and taxed. 



ARTICLE 6. 

Special Rules as to Return^s and Assessments of Rail- 
road, Express, Telegraph and Insurance Compa- 
nies, AND Provisions as to Other Corporations. 



Sec. 

233. Railroads and like companies to re- 
turn property in use as personalty : 
lien for taxes; return, when and 
where made. 

234. Railroad companies; annual returns 
to Comptroller-General ; how made 
and what to contain. 

23.5. The same ; annual returns to County 
Auditors ; what to embrace. 

236. How value of railroad property fixed 
and apportioned. 

237. Comptroller-General prescribes forms 
of retiu-n and oath. 

238. Receiver makes returns when road 
In his hands. 

239. Comptroller-General's powers rela- 
tive to returns and investigation 
touching same. 

240. State Board of Assessors ; who con- 
stitute; annual meeting and pro- 
ceedings. 



Sec. 

241. Comptroller-General certifies action 
of Board to County Auditors, who 
conform their duplicates thereto. 

242. Where railroad company fails to 
make returns. Board to ascertain 
value and add penalty ; result certl- 
iled to Auditors. 

243. Express and telegraph companies de- 
fined ; annual return, when and to 
whom made and what, to contain. 

344. Penalties on such companies for fail- 
ure to make returns ; duties of Comp- 
troller-General and Auditors in such 
case. 

245. Returns of such companies having 
principal ofUce out of State: Comp- 
troller-General prescribes form ; his 
powers relative thereto. 

1216. Foreign Insurance companies ; re- 
turns to be made by agents ; when 
and to whom made, and particulars 
thereof. 



94 CIVIL STATUTE LAWS 

A. D. 1804. 

Sec. ! Sec. 
!M7. Domestic Insurance companies ; re- 2o0. Corporatloas In general to list prop- 
turns of personalty ; where made, erty as Individuals are required to 
218. Corporations organized under laws of list. 

State and owning property therein, Sol. Companies incorporated under Joint 



and elsewhere ; how assessed and 
taxed. 
249. Capital of domestic corporation own- 
ing no property In State not to be 
taxed. 



charter to be assessed and taxed as 
may be prescribed therein. 
252. Refusal to pay taxes works forfeiture 
of charter. 



Railroad and Sectioil 233. (^79.) The Toad bed, right of way, station 
to return prop- buildings, toll liouses, structures, tools, machinery, poles, wires, 
personalty; Hen fixtures, vessels and real estate owned and neces.sarily in daily 
turns, w h e r e use by any railroad, turnpike, plank road, bridge, telegraph, 
^°i8^~ xvn ^*^^^ ^^ slack-water navigation company in the prosecution of 
992, 8164. its business shall, for the purposes of this Chapter, if the com- 

pany be organized in this .State, be treated as personal property. 
But the lien for taxes shall attach to the property as if the same 
were real property, and the President, Secretary or principal 
accounting officer thereof shall include the value thereof in the 
return of the other personal assets of such company for taxation, 
which return shall be made in the month of January, or before 
the twentieth of February, annually, to the several Auditors of 
the Counties in which such road, canal, bridge, telegraph line, 
or slack-water navigation company may be situated, according 
to the value of such property in each, together with a statement 
of the amount of such assets situate in each city, town, village 
or ward in said Counties, respectively ; and the value of the 
movable assets of such company shall be apportioned to each 
town, city, ward or village in proportion to the value of the road 
bed, canal, slack-water navigation, bridge or telegraph line in 
each. 

Railroad not liable for taxation when exempt by charter, as against its 
bonds having first statutory lien thereon. — Hand v. Railroad Co., 17 S. C, 
219. An assessment to pay the expenses of Railroad Commissioners is valid 
where charter is accepted subject to legislative provision therefor.— C, C. <£ 
A. R. R. Co. V. Gihbes, 24 S. C, 60 ; lb., 27 S. C, 3S.5. 

Railroad com- ggg 234. (ISO.) The President and Secretarv of everv rail- 

panles— annu a I '-'^*'« •w'^ *. \ j . . 

returns to road comiKiuv wliosc track or road bed, or anv part thereof, is in 
Comptroller- i i, i ' t i 

General: h o w this State shall annuallv, between the first of January and 

made and what " 

to c ontain . twentieth of February, return to the Comptroller-General, under 

ih., 993, §165. their oaths, the total length thereof in each County, city, town 
and incorporated village in this State ; the total length of their 
double track in this State, and the length thereof in each County, 
town, city and incorporated village of this State ; the total 
length of all their side tracks, and the length thereof in each 



OP SOUTH CAROLINA. 05 



city, County, town and incorporated village in this State ; the 
location and value of all their shops, depots, grounds, station 
Ikjusus, wood and water stations, buildings, stationary engines, 
tools, implements and fixtures in this State, and all other real 
estate necessary to the daily running operations of the road ; 
the number and value each of all their locomotive engines, pas- 
senger, freight, platform, gravel, construction, hand and other 
cars; the value of their moneys and credits; the total value of 
the entire road, appurtenances and equipments, and tlie total value 
of said road in this State, with its appurtenances and equipments. 

Sec. 235. i^^^-) The President and Secretary of every rail- The same; an- 
road c(jnipany mentioned in the preceding Section shall also coSnt7^A™'dN 
annually, between the first of January and the twentieth of Feb- embrace!*'"^ '" 
ruary, return to the County Auditor of each County in South /b., §ic6. 
Carolina through or into which such road, or any part thereof, 
may be located a statement of the value of said road and the prop- 
erty of the company in said County, and in each of the towns, 
cities and villages of said County through or into which said 
road, or part thereof, is located, in the manner and form required 
by this Article in the return to the Comptroller-General. 

Sec. 236. (^<^'~.) In ascertaining the value of the road and how value of 

property of any railroad company, the value of the right of way, erty^'axed a°nd 

bed and track of the whole road shall be fixed, and such value ^^^-.j^- — 

apportioned ^/-o raici to each mile of the main track ; and to the 

value of the number of miles of main track in each town, city 

and incorporated village of each County in this State through 

and into which said road is located shall be added the value of 

the real estate, fixtures, stationary engines, tools, implements, 

machinery and other stationary property provided for use in the 

daily operations of the road situate in said town, city or village ; 

and the total value of the rolling stock, moneys and credits shall 

be apportioned pj-o rata to each mile of the main track of said 

road, and the amount thereof, according to the number of miles 

of main track in each town, city and village in this State, added 

to the value of the main track in such town, city and village, 

respectively ; and the aggregate value of said road and property 

in this State, and in each County, city, town and incorporated 

village in this State, through or into which said road is located, 

shall be stated in said return. 

Comptrol 1 e r- 
Sec. 237. (^Ay. ) The return and oath required of officers of tJpnerni pre- 

. ' 8tTllH>s forms of 

railroad (;nnipanies shall be made in such form as shall be pre- retunis andoaui 
scribed by the Comptroller-General. ^^' ^^ "*• 



96 CIVIL STATUTE LAWS 

A.D. 1801. ~ ■ 

'- ^'^ ' Sec. 238. ^ISJf.) if any railruad, its appurtenances, eqiiip- 
returiis. winn ments and property of any kind soever, shall be in the hands of 
hMids. ' a receiver or other officer, such receiver or other officer shall 

lb., §169. make the returns required by this Article, 

Comptroller- Sgc. 239. (l^-^.) The Comptroller-General, or any person 

General's power • i i i • j. i i ■ . . 

relative to re- appointed by him for that purpose, may put any question in 

tumsand Inves- •■• i -, , „• . • ,. 

tigutiou touch- writing he may deem proper to any officer, agent or receiver of 
— j-^ §i70~~ ^^y railroad company having any portion of its track in this 
State ; and he may summon any officer, receiver or agent of 
such company to appear before him and testify, under oath, 
(which the Comptroller-General may administer,) touching such 
railroad company's property, and the management and disposi- 
tion thereof ; and he may, by himself, or some person appointed 
by him, examine the books and papers of such company, in the 
hands of the company, or any of its officers, agents or receivers ; 
and all such officers, agents and receivers shall answer, under 
oath, all such questions as shall be put to them, or either of 
them, by the Comptroller-General, or any person ajijiointed by 
him for that purpose, relative to the condition, amount and 
value of said company's property and the management or dispo- 
sition thereof, 
state Board of Sec. 240. (^36.) The Treasurer of the State, Secretary of 

A.SSG ssorsof 

railroad prop- State. Comptroller-Geiieral, and Attorney-General of the State, 

ertv *, wbo con- ' , ,*'-,. 

stitute; annual and the Chairman of the Board of Eailroad Commissioners of this 

proceed ings. vState, shall constitute a State Board of Assessors, a majority of 

i^s.xf^! *iui • whom shall constitute a quorum for the transaction of business, 
1802, xxi., 105. ^jjQ shall meet at the office of the Comptroller-General on the 
second Wednesday of May, annually, or as soon thereafter as the 
Comptroller-General shall notify said Board that the returns of 
the several railroad companies have been filed in his office, and 
shall determine and assess the value of the jiroperty of the rail- 
road companies whose roads are wholly or partially in this State, 
return to the Comptroller-General under the provisions of this 
Article, increasing the value of the road and property of such 
company or companies as shall have been, in their judgment, 
returned at too low a valuation, and diminishing the value of 
such as may have been returned at too high a valuation. They 
shall keep record of their proceedings, which shall be signed by 
all of the members present and deposited with and kept by the 
Comptroller-General ; and a majority of the number present 
shall be competent to decide all questions which may come before 
the Board. 



OF SOUTH CAl^OLIXA. 07 

~ A. D. 1891. 

Sec. 241. (-?''*'". j Tlio Coni[)trollor-(lencrul shall certify to '']""^'' ^ 
the County Auditor of each ('uunty in which any railroad or G«mTa*i <■'<• r't .- 
part thereof may be located the valuation of railroad pnijierty Bouni to roim- 
in said County as detorniiued and assessed by the State Board of «,n^J^Il'tlJ^•i^ 
Assessors, with all additions made to or deductions from tho valu- thereto. *^* 
atioii of the iironertv of any railroad company in said County .,i?^vJL''-i "".''' 

^ ' '' '' i. J ^ 91(2; 1893, XAI., 

l)y the state Board of Assessors ; and the County Auditor shall J^^- 
charge the railroad company or companies in the several cities, 
towns, townships and incorporated villages of their County, for 
taxation, with the valuations deter}nined and assessed by the 
State B<jard of Assessors. 

Sec. 242. {188.) If any railroad company, or its officers, wiu-n raiimnf] 

1 /-) it' ri 1 1 company falls to 

shall lail to make the returns to the Comptroller-General, and to makf rttmn.-. 
each County Auditor in each County in which such railroad or tain value aid 
any part thereof may be located, as herein required, on or before suit teniued lo 
the twentieth day of February, annually, the State Board of -j^-g,~^.-^.. 
Equalization shall proceed to ascertain the value of said com- ^-^'■' ^^• 
pany's road and property, according to the principles prescribed 
herein, from the best information they can conveniently obtain, 
and add thereto fifty per centum as penalty, and apjiortion the 
same to the several Counties, towns, cities and incor^iorated vil- 
lages through or into which said road or any part thereof may 
be located ; and the Comptroller-General shall certify the same 
to the several County Auditors, who shall place the same on 
their duplicates for taxation. 

Sec. 243. {18f).) Any person or persons, company or corpo- Express and 
ration, engaged in the business of conveying to, from or through panies dt-nnfii; 
this State, or any part thereof, moneys and other personal prop- w hen and to 
erty shall be held to be an express company ; and any person or rnci"wha"t to 
persons, company or corporation, engaged in the business *^f ^j^, ^jcjip^74' 
transmitting messages to, from or through this State, or any 
part thereof, shall be held to be a telegraph company. Any 
such company having its principal office out of this State shall 
annually, in the month of January, or before the twentieth of 
February, by its principal agent in this State, make out and 
deliver to the Comptroller-General a statement, under oath, 
showing the value of all its personal ^jrojierty h\ this State, in- 
cluding poles, wires, batteries, machinery, materials and appara- 
tus, and the Counties, cities, towns and incorporated villages in 
which the same may be situate, together with the gross earnings 
of said company in this State, for business done in this State, for 
the year ending the first day of that mouth, and the company's 
7—1 



!& 



98 CIVIL STATUTE LAWS 

A. D. 181M. ' 

" -^ proportion of receipts for business done in connection witli the 

lines of other compa7iies out of this State. The statement shall 
show the value of said property aud recei})tri in each County, 
town, city and incorporated village in which such company has 
an agency or agencies, and from which aggregate shall be de- 
ducted, by any such telegrai)h company, the expenses of the oflice 
in this State to which all other agencies of the company in this 
State are required to make returns, except rents and officers' 
salaries ; and said sbitement shall also show the aggregate value 
of the property and receipts aforesaid, after making the deduc- 
tion aforesaid, in each County, city, town and incorporated vil- 
lage in which such company may have an agency or agencies. 
Said company, by its principal agent, shall also, between the first 
of January and twentieth of February annually, deliver to the 
Auditor of each County in this State in whose County such com- 
pany may have an agency or agencies a statement of the propor- 
tion of the net value of the property and receipts aforesaid, 
showing the amount thereof in each to^vn, city and incoqjorated 
village in which it has any agency or agencies ; and said com- 
pany shall be charged on the duplicate of each of said Counties 
with taxes on the amount so returned in each town, cit}' aud 
village aforesaid. But ordinary transportation companies, en- 
gaged exclusively in the transportation of merchandise over the 
railroads and canals of this State, in connection with other roads^ 
canals or lines of navigation, shall not be considered express 
companies within the meaning of this Article, 

Southern Express Co.y. Hood, 15 Rich., 66. 

Penalties on Scc. 244. i^^^-) If any express or telegi'aph company shall 
f r failure t o fail to make and deliver to the Comptroller-General the state- 

m a U e returns, .,.-..., ., -ii 

Duties of comp- mcut required m this Article on or before the twentieth dav of 

troller-Gener a 1 ^ ^ ^^ e i- ■ -i i'l 

ami Audiujrs In 1-ebruary annually, such company shall forfeit aud pay t« the 

such C&S68 ■/ «, X ^ i •/ 

'Jb^giyr^jiTS, State of South Carolina five hundred dollars as a penalty, and 
the Comptroller-General shall certify the fact of such failure to 
the Auditor of any County in this State in which sjiid company 
may have an office or an agent, and said Auditor shall place the 
same on the duplicate of said County. And if any express or 
telegraph company shall fail to make to the Auditor of any 
County in this State the statement required by this Article, on 
or before the twentieth day of February of any year, he shall 
notify the Comptroller-General thereof ; aud if the Comptroller- 
General shall have received from said company the statement 




OK SOl'lil CAIJOUNA. 



required to be iiiiuli' to liiii) I'V siiid company, he bIiuH certify the 
aniouiit returned as in said County to such County Auditor, and 
a(hl thereto as penalty the sum of ten doHars, wliicli shall be 
charged to said company on the duplicate of said County, and 
collected and i)aid over to the State Treasurer in the same man- 
ner herein jirovided as to the penalty for not making the return 
to the Comptroller-Ceneral. If any express or telegraph com- 
pany shall fail to return the statement required by this Article to 
the C()mi)tn)ller-(ieneral, and he shall certify sucli failure to any 
County Auditor, such County Auditor shall proceed to ascertain 
the gross receipts of each agent of said company in his County 
for the year ending the first day of January of that yeai', together 
with the value of all other i)roperty of the company in his 
County, add fifty per cent, thereto as penalty, and charge tlie 
company with taxes thereon, at the several localities required by 
this Article, without any deduction for expenses paid out by the 
company. And if any such company shall have no principal 
office or agency in this State to which the other agents in the 
State are required to make return, each agent thereof in any 
County shall make return in the month of January, or before 
the twentieth of February, annually, of the ^ross receipts of his 
agency for the year ending the first day of that month, with the 
value of all other property of the company in the city, village or 
town in which his agency is situate, and the County Auditor 
shall charge the company with taxes thereon at the same rates as 
other property in the same localities ; and if such agent or agents 
refuse or neglect to make such return, the County Auditor shall 
ascertain the amount of such gross receipts and value of prop- 
erty, add fifty per cent, thereto as penalty, and charge such 
company with taxes thereon, at the same rates charged other 
property, at the several localities where such property may be 
situate and such agencies located. 

Sec. 245. {1-^i-) All returns re(juired to he made by express net urns of 
and telegraph companies having their i)rinci})al offices out <>f i'"/vinpT>X'("iw'i 
this State siiall be made in such form as the Comptroller-(icneral 1^,51}^.'' (-'",'„ I^ 
shall i)rescribe, and the Comi)troller-(ieneral is authori/X'd to "■""•'![;: <'*»«'™' 

^ i pii>s(TilH'!< form; 

require answers undei- oath to anv questions lu' niav nut to the !'.''* '*';^^'''^ "''"- 

/ , ' . ' •'^'' Uien'to. 

principal, or any other agent, of any said coni])anies in this //»..« in;. 
State, and to examine any of such agents, under oath, relative 
to the property and affairs of such com])anies, and the mj.nagc- 
ment thereof, which oath he mav administer. 



100 CIVIL STATUTE LAWS 

A. D. 1804. 

' '' ' Sec. 246. [J^^-) Each a<jt'nt in this State of any insurance 

unco o.inpiiiiK-s; Company nivriinized inuler tlie laws of any other State or coun- 
mud" by aj(i nts; try. ami doing business in this State, shall, annually, in the 
\vboni"nia(ic° month (tf January, or l)efore the twentieth of February, return 
t'here.^'^ ^ " "" to the Auditor of the County in which such agency is located a 
lb., 999, 8177. g^orn statement of the gross receipts of such agency for the year 
ending on the first day of that month, including all notes, 
accounts and other things received or agreed u};on as a compen- 
sation for insurance at such agency, together with all the value 
of any personal property of said company situate at such agency ; 
and the company shall Ije charged with taxes at the place of said 
agency on the amount so returned ; and the agent shall also be 
personally responsible for such taxes, and may retain in his 
hands a sufficient amount of the company^s assets to pay the 
same, unless paid by the company. 
Domesuc In- Scc. 247. {J^'^-) Every insurance company organized under 
S^^'retums'of the laws of this State shall return all its personal property, 
where made. ^' moneys, credits (including notes taken on subscription of stock), 
lb., §178. investment in bonds, stocks, securities and assets of every kind. 

for taxation at the place where its principal office is located. 

Corporations Sec. 248. (J^-'4-j Any company or corporation organized 

under' laws of nnder the laws of this Htate and owning property in any other 

tng*prope7t°y State or country as well as in this State shall not be required to 

elsewhere; how return its capital for taxation in this State, but .*hall return 

jessed and g^^f^j^ projoerty as it ownis in this State, and such proi^ortion of 

lb., 8179. the value of its other property as would be taxable in this State 

if owned by the individual residents thereof : and if such return 

be made by such comjiany, the shareholders therein shall not be 

required to return their shares for taxation. 

Capital of do- ScC. 249. [l^-'^-) A Corporation organized under the laws of 

uo^ owrd^'no the State Init owning no property therein shall not be required 

stat°''not to be to retum its capital for taxation in this State. 

/Vsiw)^ " Sec. 250. i^-'^) All companies and corj)orations, whether 

corporauons organized under the laws of this State or not, the manner of 

pnJjMMiras'iu- listing whose personal property is not otherwise specitically pro- 

Sr^^ous"^' vided for by law, shall list for taxation all their personal and real 

jh.. 8181. property and effects at the same time, in the same manner, and 

in the same localities, as individuals are required to list similar 

property and effects for taxation. 
Companies In- _-._,^,„.. 
corporated un- ggc 251. \1^''') Auv compauv incorporated under a joint 

der joint char- \ i i • " i i . . i i 

tcrtobe assess- charter granted nv this and some other State or States, and the 
ed and taxed as r , ■ ~ ^ ■ ■, ,^ iiini 

maybeprescrib- manner of taxing which, or the amount upon winch it shall be 
ed therein o ' i 

"TbTTsi^.^ taxed, or the specific proportion of its capital or property upon 



OF SOUTH CAROLINA. 



K»] 



A. I). iMlll. 

wliicli taxes slmll l)o iissossed in South (Jari)liiiii, is prescribed or "^'^ ' 
11x0(1 in its chiirter, shall be assessed for taxation and taxed as 
prcscrihL'd in such cliarter until otherwise le<,Mlly provided. 

Sec. 252. Wlu'nc'Ver any corixjration chartered under the nr-fusai u» pay 
laws of this State shall, within thirty days after the time re- forfViiure of 
quired and permitted by law for taxes to be paid, with or with- ''i^*xxi~m 
out penalty, as now required by law, refuse, neglect or omit to 
pay the taxes for State and County purposes, as assessed and 
levied upon the property of such corporation, the charter of such 
corporation, with all the rights, privileges and franchises there- 
under, shall become and be deemed forfeited, and the corporate 
existence of such corporation shall be annulled. 

In every such case it shall be the duty of the Attorney-Gen- Attomey- 

eral, and he is hereby required, to bring an action against such action . 

corporation for the purpose of vacating and annulling the Act 
incorporating such corporation and all Acts amendatory or in 
renewal thereof, in the manner prescribed by Title XIII., Chap- 
ter II., of the Code of Civil Procedure of this State. 



ARTICLE 7. 
Special Rules as to Banks a2^d Bank Stock and L'xix- 

CORPORATED BaXKERS AXD BaXKING ASSOCIATIOXS. 



Sec. 
253. Bank stock ; how listed and where 

taxed. 
2M. Heal estate taxed where located. 
2o5. Lists of stockholders and depositors 

to be kept for Inspection of tax olH- 

clals. 
25C. Annual returns of banks to Auditors: 

what to contain. 

257. How tax a.ssessed and apportioned 
among shareholders. 

258. Taxes a lien on shares until paid ; 
meantime no transfer nor payment 
of dividends allowed. 



SEC. 



239. Bank may pay taxes on shares of its 
stockholders and deduct from divi- 
dends. 

260. Bank faillneto made return, Auditor 
ascertains value of shares ; his duty 
and authority in such case. 

261. Who are bankers. 

262. Annual returns of unincorporated 
banks and bankers; what to be stated. 

263. How average obtained. 

264. Powers of Auditor to enforce returns; 
penalty for default of or false returns. 



Section 253. (198.) All shares of the stockholders in any 
bank or l)anking association located 'in this State, whether now 
or hereafter incoi-porated or organized under the laws of this 
State or of the United States, shall be listed at their true value 
in money, and taxed in the city, ward, town or incorporated vil- 
lage where such bank is located, and not elsewhere. The words 
"true value in money," as is used in this Section, shall be con- 
strued to mean and include all surplus or extra moneys, capital 



Bank stock, 
how ll.sfed and- 
where taxed. 

~i(«2rx VIL, 
1000, fi 183. 



102 CIVIL STATUTE LAWS 

A. D. I81M. ~ 

""^ ' and every species of personal property of value owned or in the 

possession of any such bank. 

Real estate ScC. 254. i^'^^-) The real estate of any such bank or l)ank- 
taxoii where. • ■ i , ■ , -, ■ 

located. ing association shall be taxed in the place where it may be 

lb., 8184. located, the same as the real estate of individuals. 

Lists of stock- Sec. 255. (~^0.) There sliall at all times be kept in theoffice 

hoUit'rs and de- , i i • -. i i i i > • • • • ^ 

positors tube wiierc the business oi sucli bank or banking association is traus- 
tion of tax otn- acted a full and correct list of the names and residences of the 

j^' gj^^ stockholders therein, and the number of shares held by each ; 

also, a list of all persons, parties, corporations, or agents, who 
may at any time have any deposit, either personal or general, in 
such bank, which lists shall be at all times, during business 
hours, open to the inspection of all State and County officers 
authorized to list or assess the value of such shares for taxation. 
Annual re- ggc. 256. (201.) The President and Cashier of every such 

turns of banks *"'^' '*"'*'• ^ ' ■^ 

to Auditors, bank or banking association must, between the first of January 

what to contain. •ipt-.i 

~i\).^J^. ^^d twentieth of February, annually, make out and return, 
under oath, to the Auditor of the County in which such bank or 
banking association may be located a full statement of the 
names and residences of the stockholders therein, with the num- 
ber of shares held by each and the actual value, in money, of 
such shares, together with a description of the real estate owned 
by said bank. 
How tax as- Scc. 257. (302.) The Auditor of the County in which any 
portioned such bank or banking association may be located, upon receiv- 
hc idere.^ ing the return provided for in the preceding Section, shall de- 

Jb., §187. duct from the actual total value of the shares in any such bank 
or banking association the apj^raised value of the real estate 
owned by such bank or banking association, a>s the same stands 
assessed on the duplicate, and the remainder of the total value 
of such shares shall be entered on the duplicate of the County, 
in the names of the owners thereof, in amounts proportioned to 
the number of shares owned by each, as returned on said sworn 
statement, and be charged with taxes at the same rate as charged 
upon the value of other personal property at the place where 
such bank or banking association is located. 
Taxes a lien Sgc. 258. {--OS.) Any taxes assessed on any such shares of 
paid'^-^m^n'tiiiie stock, or the valuc thereof, in manner aforesaid, shall be and 
payment oT div- '''^"^'^^^ ^ ^^^^ ^^ ^^'^^^ sharcs from the first day of January in 
i dends allowed. q^^qIi year until such taxes are paid ; and in case of the non-pay- 
ment of such taxes at the time required by law, by any share- 
holder, and after notice received from the County Treasurer of 



OV Sor'I'II CAI.'OMNA. 103 

A. I>. IK-.U. 



till' n(Hi-|i;i\ inciit of such taxes, it shall hr iiiilawfiil f<ir the Cash- ' ■ ' 
iiT or othiT olliccrs of such hank or hankiii;,^ association to trans- 
fer, oi' permit to he transferred, the whoh; or any portifjn <»f Kaid 
stock until the (lelin(|UGTit tuxes thereon, together with the costs 
and j)enalties. shall have hcen paid in full ; and no dividend 
shall he paid on any stock so deliiujnent as long as such taxes, 
penalties, and costs, or any part thereof, remain due or un])aid. 

Sec 259. ('-'^^'{•) Jt shall he lawful for any such hank or nmikmaypay 

'' Uix<'son shares 

liankinic associatiini to pay to the Treasurer of the County in <>f ii.s.sUKkiKiid- 

'^ ' <TH utui (li'cJurt 

which it may he located the taxes that may be assessed upon its from .iiviiicnds. 
shares, as aforesaid, in the hands of its shareholders, respect- '" ***' 
ively, and deduct the same from any dividends that may he due, 
or may thereafter become due, on any such shares as aforesaid. 

Sec. 260. (205.) If anv liank or banking association shall Rank failing 

' ■ 1/-, • 1 to make returns, 

fail to make out and liiiinsh to the County Auditor the state- Auditor ascer- 

•^ _ tains value of 

ment required by Section !:^53 within the time required herein, siiar.-.s ; hisduty 

' "^ ^ ' and authority In 

it shall be the duty of the Auditor to examine the books of said such cas e. 
hank or banking association, also to examine, under oath, any 
officer or agent thereof, together with such other persons as he 
may deem proper, and make out the statement required by said 
Section, and enter the value of said shares on the duplicate for 
taxation. 

Sec. 261. i'-O^'-) Every company, association, or person, not ^J^''" """^ '"'°''" 
incor})orate(l under any law of this State, or of the United States, lb., loos, fm 
for l)anking purposes, who shall keep an office or other place of 
business, and engage in the business of lending money, receiving 
money on deposit, buying and selling bullion, bills of exchange, 
notes, bonds, stocks, or other evidences of indebtedness, with a 
view to prolit, shall be deemed a bank, banker, or bankers, 
within the meaning of the provisions of this Chapter. 

Sec. 262. ('^00.) All unincoriioratcd banks and bankers shall, .\nnuai returns 

111 ii J- i £■ T T • , 1 r. n 1 "f unlncorpora- 

aniiuallv, between the iirst or January and twentieth ot l"el)ruarv. ted banks and 

1 ". 1 1 I T-i ' /• ii f, ,' liMiikiTs; what 

make out and i-cliini to the Auditor or the proper County, under n. iifsiattni. 
oath of the owner or pi'iiicipa! officer or manager thereof, a slate- ^''■' ^^^'' **''*'• 
inent setting forth : 

1st. The average amount of notes and bills receivable dis- 
counted, or purchased, in the course of business by such unin- 
corporated bank, hanker, or bankers, and considered good and 
collectible. 

2(1. The average amount of accounts receivable. 

.'5(1. The average amount of cash items in possession or in 
transit. 

7» I 



104 CIVIL STATUTE LAWS 

A. D. IKOJ. 

' Uli. Tlu' iivcTiifj^c aiiKiuiit of all kinds of stocks, bonds, or 

cviiU'nct's of indohti'dness, iu-Id as investment, or in any way 
rei)resenting assets. 

5th. The average amonnt of real estate at its assessed value 
for taxation. 

Gth. The average anionnt of deposits made with them by other 
parties. 

7tli. The average amount of accounts payable, exclusive of 
current deposit accounts. 

Stli. The average amount of government and otlier securities, 
specifying the kinds that are exempt from taxation. 

9th. The amount of capital paid in or employed in such bank- 
ing business, together with the number of shares or proportional 
interest each shareholder or partner has in such ass(»ciatiou or 
partnership. 

From the agsfregate sum of the first five items alcove enumer- 
ated the said Auditor shall deduct the aggregate sum of the 
fifth, sixth seventh and eighth items, and the remainder thus 
obtained shall be entered on the duplicate of the County in the 
name of such bank, banker, or bankers, and taxes thereon shall 
be assessed and paid the same as is provided for other property 
as assessed and taxed in the same city, ward, town or incorpo- 
rated village. 
How average Sgc. 263. {^07.) The average provided for in the preceding 
^j^ligg — Section shall be obtained by adding together the amounts of 
each item above specified, owned by or standing on the books of 
such bank, banker or bankers on the first day of each month of 
the year ending the last day of December next preceding the 
year in which the return is made and dividing the same by the 
number of months in the year. In cases where such bank, 
banker or bankers commenced business during the preceding 
year, the division shall be made by tlie number of months elapsed 
after the commencement of such business ; and all fractions of a 
month shall be counted as a month. 
Powers of Sec. 264. ('-09.) The Auditor shall have the same powers to 

Auditors to en- ,. , , e \ ^ ax i i i j. 

force returns; eutorce correct returns from l)ank otticcrs and liankers, to exam- 
fauu'of or'^false iue wituesscs and enforce their attendance, and have the same 
T,""lnno «in, aid of the Court of General Sessions of the Countv, as is iirovided 

Jo., 1003, S19-1. _ ... . . '. . 

by law in cases where individuals fail to list their j)roperty for 
taxation, or are suspected of having made false returns ; and in 
all cases of failure to make returns under this Article, or in case 
of false return by any unincorporated bank, banker, or bankers, 



OF sor'ni CAKOIJNA. lo.-i 

A. I). IS'.M. 



Ilio Ainlitdr shall :iscci-laiii (lie true aiiiomit, as near as may ho, 
a(M lil'tv por clmiI. j)(.'iially thcri'to, iiiui char/j:!' t\\v party or par- 
tifs with tlio taxes dii the amount so asccrtaiiuMl l)y him, with 
the penalty aforesaid ; but in cases of uniiitciilional mistake in 
making the return, tlie true aiiionul oiilv sliall he cliarrred aL^ainst 
the parties without jx'iuilty. 



ARTICLE 8. 

Procekdixgs ON Default OF Ketukx and Penalties Tiikhe- 
FOR — Valuation of Propeiity for Taxation. 

SKc. ; skc. 

3(i5. Wlii>n no return made, Ac, Auditor 2G8. Auditor must ascertain names of per- 

niakcs up and rctuiiis statement ; liis sons sn eommeneinp business. 

ix)\vei-s In such cases, Ac. 269. Penalty for not reporting to Auditor. 

2Gti. Penalty for failure to list where prop- ' 370. All property must Ik; valued at Its 

erty escapes Uixatlou; how charged tnie value in money; rule for ascer- 

In sulisequent year. taininpr value. 

267. Persons commeueiHK business after 271. How certain articles of peraonal prop- 

•lanuary 1st to report to Auditor how j grty to be valued. 

charned on duplicate. I 

Section 265. i^U-) If ^^^y person shall refuse or neglect to when no re- 
make out and deliver to the Auditor a statement of personal Aiiditor* makra 
property, as provided herein, or shall refuse or neglect to make "tatemenn'^hTs 
and subscribe an oath as to the truth of such statement or any c^f-^l^ic" ^^^^ 
part thereof, or in case of the sickness or absence of such person, ib., 1004, bisw. 
the Auditor shall proceed to ascertain, as near as may be, and 
make up and return a statement of the personal property and the 
value thereof with which such person shall be charged for taxa- 
tion, according to the provisions of this Chapter ; and to enable 
such Auditor to make up such statement he is authorized to ex- 
amine any person or persons, under oath, and to ascertain from 
general reputation and his own knowledge of facts the character 
and value of the personal property of the person thus absent or 
sick, or refusing or neglecting to list or swear ; and said Auditor 
shall return the lists so made up by him endorsed " Kef used to 
list," or "Refused to swear," or "Absent," or " Sick," as the 
case may be, tind in his return, in tabular form, shall write the 
same words op])osite the names of each of the i)ei*sons so refusinj; 

. ' Pennllv for 

or neglecting to list, or swear, or absent, or sick. failure i.. list 

Sec. 266. (-/->.) If anv person sluill fail to list the personal escaiM>s ta.\n- 

1 • -111 1- , • , , , t i o n : li o w 

property he is rer|uircd hy law to list 111 anyone year, and the chaived in suh- 

same escapes taxation for thtit year, the value thereof shall be ""^/IT'i'iHVi'.Tooo. 



100 CIVIL STATUTE LAWS 

A. D. IK'JJ. 

' V ' fliarged against him tor taxation in any subsequent year, with 
fifty per cent, penalty added tliereto, and the taxes and penalty 
collected as in other eases. 

Pi-rs<ins com- Sec. 267. {2J6.) Any person, company or corporation com- 
lu'ss iifttT Jaiiii- meneing anv business in any County of this State after the first 

ary 1st U) ie|x)it , e r • ai -ti i i. 

t<i Auditor: luiw day ot January m any year, the capital or jiersonal property 
pi'i"iui>s. "° "' employed in which shall not have been previously listed for taxa- 
//).. §aoi. ^Jqj^ j^ j^.^j(^l County for such year, shall, within thirty days after 
commencing such business, report to the Auditor of the C'ounty, 
under oath, the averagis amount of the capital intended to be 
emjiloyed in such business from the time of its commencement 
to the first day of January next ensuing. Upon making satisfac- 
tory proof to said Auditor that such capital or property has been 
regularly listed for taxation in some other County in this State, 
the Auditor shall file report and proofs in his office, and give to 
the party a certificate that he or they have complied with the 
provisions of this Section, and are not liable to taxation in his 
County on such capital or property for the then current fiscal 
year. But if he or they shall not satisfactorily prove that such 
capital or property has been previously listed for taxation in some 
County of this State, the Auditor shall charge him or them on 
his duplicate with such proportion of all taxes levied on others 
upon similar capital or property, at the place of the business, as 
the time from the commencement of the business to the ensuing 
first day of .January bears to one year. 
Auditor must Scc. 268. (-^''•) It shall be the duty of each County Auditor 
o^rpereons^To to ascertain the names of all persons commencing any business 
b^ine^."^ '^ * "^ "^ in his County after the first day of January annually whose 
lb., 8202. capital or property employed in such business was not listed for 

taxation in his County for the then current fiscal year. 

Penalty for Sec. 269. {^18.) If any person, company or corporation shall 

Auduor.*^'"^ '° commence any business in any County of this State after the first 

^'*" ^'''^'fiT'*^' ^^^' ^^ January in any year, the capital or property employed in 

which shall not have been previously listed for taxation in said 

County, and shall not, wuthin thirty days thereafter, make such 

report to the Auditor of said County as is required in Section 

267, he or they shall forfeit and pay the sum of one hundred 

dollars, which shall be collected, by civil action, in the name of 

the County Supervisor, and paid into the County treasury for 

the exclusive benefit of the County. And process in such case 

may issue out of the Court of Common Pleas of the County in 

which such business was commenced, directed to the proper 

officer, and be served in any County of this State. 



OF SOUTH CAROLINA. 107 

A. D. IWM. 



Sec. 270. i-'^''-) -^" i)roperty shall bo valticil f<ii- taxation at """ -- ^ 
its true value in iiKHicy, wliirli. in all cases nut otlicTwise spe- ah pr<.[M'rty 
(Miilly pntvidcMl for hy law, sliall In; held to he as lolloWH, ti) wit : at ilm true vuIik- 
J' or personal property, tiie usual selling jjriee on tlu; usiuil terms f„r uHfcrtaJumg 
of similar i)roperty at administrators' or executors' sales, at the --j!^'-|2PJ — 
]>lace where the return is made ; and for real property, the usual 
selling price on the usual terms of similar property at sales for 
])artition under the order of the Court, at the place where the 
return is to be made. If there is no usual selling price, then at 
what is honestly believed could be obtaiiied for the same at a 
fair sale under the conditions before mentioned. It shall be the 
duty of each owner of lauds, and of any new structures thereon 
which shall not have been appraised for taxation, to list the 
same for taxation Avith the County Auditor of the County in 
which they may be situate, on or before the twentieth day of 
February next after the same shall become subject to taxation. 

Sec. 271. (2^0.) The following articles of personal projierty how certain 
shall be valued for taxation as follows, to wit : ^loney, bank ^al** property 
bills, and other bills lawfully circulating as money, at the P^^ ^r*!^'''!!!?^ — 
value thereof ; credits, at tlie amount payable on the face of the 
contract, instrument or account, unless the principal be jxiyable 
at a future time without interest ; then, at the sum payable, less 
the lawful interest thereon, for any term of credit not exceeding 
one year ; contracts for the delivery of specific articles, at the 
usual selling price of such articles at the time of listing ; lease- 
hold estates held for any definite term, at the yearly value thereof 
to the lessee ; annuities, at the yearly value thereof to the owner 
at the time of listing. All leasehold estates, held on perpetual 
lease, or for a term certain, renewable forever at the option of 
the lessee, shall be valued at the full price of the land, and con- 
tinued to be taxed at such value to the end of the term, \yhen 
the fee of the soil in any tract or lot of land is in one person, and 
right to any minerals therein or structures thereon in another, 
the proceeds of the minerals and the said structures shall be 
valued and taxed as personal property, to the owners thereof 
respectively. 




CIVIL STATUTE LAWS 



ARTICLE d.^ 



The Couxty Auditor — Appointment, Tenure of Office, 
AND General Powkrs and Duties. 



Sec. 
2r3. County Auditors, how appointed; 
term of offlce, Ac . 

273. Governor may suspend Auditor In 
certain cases subject to action of Sen- 
ate; proceedings to be taken In such 
cases. 

274. Salaries and other compensat'on of 
County Auditors. 

275. When office to be kept open to re- 
ceive returns, &c. 

270. Must appoint convenient places for 
receiving returns, and give notice 
thereof. 

277. Makes annual llstsof persons making 
returns, 4c.; form and particulars of 
same. 

278. Makes also lists of real estate not 
previously listed ; structures newly 
built or destroyed, &c. 

279. Remarks of Auditor on returns, as to 
value of property ; penalty on prop- 
erty not Usted. 

280. Returns of polls ; duties of Auditors 
and School Trustees relating to. 

281. To make out description of each tract 
or lot of land with value of same; 
bow information obtained ; Auditor's 
authority, &c. 

282. May enter and examine buildings to 
ascertain value. 

283. Make list of property exempt. 

284. Transmits to ComptroUer-General 
and County Commissioners abstracts 
of property ; when sent and con- 
tents. 

285. The County Duplicate lists; when 
made out; form and particulars of; 
County Treasurer's Duplicate. 

286. Comptroller-General notifies Auditor 
of rates for State purposes. 

287. Determines sums to be levied on prop- 
erty according to rates furnished by 
Comptroller-General and other au- 
thorities. 



8KC. 

288. Rule of asscijsmcnt as to fractions In 
rates. 

230. How taxes to be entered on duplicate. 

200. Auditor's duty as to real estate omit- 
ted from duplicate or not reported, or 
omitted from return. 

2ai. How Auditor proceeds when return 
suspected to be evasive, false or In- 
complete. 

292. After Investigation, Auditor charges 
taxes and penalties against defaulter. 

293. How costs of Investigation to be paid. 

294. What costs to be allowed. 

295. Penalty to be added upon refusal or 
neglect to list or swear to return. 

290. Construction of the five preceding 
Sections ; acts of Auditor not review- 
able by Court. 

297. Upon failure to make return, taxes to 
be assessed on property as charged 
for previous year, with penalty added; 
exceptions. 

298. Further time allowed where failure 
to return was by reason of sickness 
or absence. 

299. How corrections of errors in assess- 
ments may be made. 

300. Auditor to keep record of sales and 
conveyances of real estate ; form ; 
fee. 

301. Abstracts of duplicates to be sent to 
Comptroller-General annually ; what 
to contain, Ac. 

302. Auditor must answer in writing 
Comptroller-General's inquiries. 

303. Auditor may administer oaths. 

304. Comptroller-CJeneral furnishes forms 
and extends Instructions to Auditors. 

30-5. Visits offices and examines books, Ac, 
of Auditors and Treasurers annually. 



County Audi- gectioil 272 (---?•) The Governor is authorized, bv and 

tors, how ap- wt»\^i;xv»xx <w • «. \ / •> > 

pointed, term of ^jth the udvice and consent of the Sentite, to ap}X)iut for each 

office, Ac. -"^ -"^ 

~T882, XVII., County in the State a County Auditor, who shall hold his office 

1007,8206. j^^ .^ ^g^,j^^ ^^ ^^^.^ years, and until his successor is appointed and 

qualified, and to require such bond from said otiicer as he may 

deem necessary. Before entering on the duties of his office, the 



OF SOUTH CAROLINA. U.l» 

Auditor, so appointed, must take tho oath proscribo«l hy the '"" ' 

Constitutiou. uiid also the oath in respect to dueling. 

Sec. 273. {■-'■'•) When any County Auditor shall, during a ';"v«rnormMy 
rccess (jf tlie .Senate, he shown, bv evidence satisfactory to thetw '" •••-ruiin 
(lovernor, to be guiltv of misconduct in office, or crime, or for wti^'iofi^'natt;: 
any reason shall become incapable or legally disqualified to per- »>•' taken in surh 
form its duties, in such case, and in no other, the Governor //(..lun-, sa;7. 
may suspend such officer, and designate some suitable person to 
perform temporarily the duties of the office until the next 
meeting of the Senate, and until the case shall be acted upon 
by the Senate. The person so designated shall take the oath 
and give the l)ond required by law to be taken and given by the 
person duly appointed to fill such office. In such case it shall 
be the duty of the Governor, within ten days after the first day 
of such meeting of the Senate, to report to the Senate such sus- 
pension, with the evidence and reasons for his action, and the 
name of the person so designated to perform the duties of such 
office. If the Senate shall concur in such suspension, and 
advise and consent to the removal of such officer, they shall so 
certify to the Governor, who may thereupon remove such officer, 
and, by and with the advice and consent of the Senate, appoint 
another person to such office. But if the Senate shall refuse to 
concur in such suspension, the officer so suspended shall forth- 
with resume the functions of his office, and the powers of the 
jierson so performing its duties in his stead shall cease, but the 
official salary and emoluments of the office shall, during such 
suspension, belong to the person so performing the duties 
thereof, and not to the officer so suspended. The Governor, in 
case he shall become satisfied that such suspension was made on 
insufficient grounds, may, at any time before reporting the same 
to the Senate as above provided, revoke such suspension and 
reinstate such officer in the performance of the duties of his 
office. 

Sec. 274. (-•>-.) TheCountyx\uditors of the several Counties „j. ^ ^j 
shall receive from the State Treasurer the annual salaries here- "'hercompensa- 

tlon of Countv 

inafter mentioned, respectively : The Auditor of Charleston, Auditure. 
two thousand dollars; the Auditors of Berkelev, Spartanburg xviiVV i-sC; 

*' 1 Cvt I Y V f I t 

and Richland, each eight hundred dollars, but no additional rr-i,' w.t: ksks] 
compensation shall be allowed for clerk hire; the Auditors of 5b;'i^7'. xix^i 
Abbeville, Aiken, Anderson, Edgefield, Barnwell. Beaufort, JSJ'UT'i^: 
Marion. Sumter and Yoik, seven hundred dollars each; the Jrfi/JJ^igl.'j"!' 
Auditors of Chester, Colleton, Darlington, Fairfield. Florence, 



no CIVIL STATUTE LAWS 

A. D. imi. 

^"■^ — Y ' Greenville. Laurens. Xewbi-rry and ()i:iiigcl)uri;. six liiindivd 

dollars e.u-h ; the Auditors of ChesterHeld, Clarendon, Ceorirc- 
towu, Hampton, Horry, Kertjliaw, Lancaster, Lexington, Marl- 
boro, Oconee, Pickens, Union and Williainsbur<;, five hundred 
dollars each : Provided, That the Comptroller-(Jeneral shall not 
issue to any County Auditor any warrant for salary until he 
shall file in the office of the Comptroller-General all abstracts 
and reports due by such Auditor. 

In addition to tiie salaries hereinbefore provided, the Auditors 
shall receive from the funds of their respective Counties addi- 
tional compensation as follows : The Auditors of Charleston and 
S2)artanbnrg, seven hundred dollars each ; tlie Auditors of Berke- 
ley and Eichland, eight hundred dollars each ; the Auditors 
of Abbeville, Georgetown, "Williamsburg, Beaufort, Barnwell, 
Sumter, York and Colleton, five hundred dollars each ; the 
Auditors of Aiken, Anderson, Chester, Edgefield, Fairfield, 
Greenville, Hampton, Laureus, Newberry and Orangeburg, four 
hundred dollars each ; the Auditors of Clarendon, Florence, 
Horry, Kershaw, Lancaster, Lexington, Marlboro, Oconee and 
Union, three hundred dollars each ; the Auditors of Darlington 
and Marion, two hundred dollars each ; and the Auditor of 
Chesterfield, one hundred dollars. And the County Board of 
Commissioners of the several Counties shall, upon the applica- 
tion of the County Auditors, draw their checks upon the County 
Treasurer for the several amounts to which the Auditors may be 
entitled from the funds of their respective Counties, as herein- 
before provided, and the County Treasurers shall pay the said 
checks from the first collection of County funds of the current 
fiscal year : Provided, That no member of the County Board of 
Commissioners shall act as Assistant Assessor in the County of 
Charleston, 
whenofflceto Sac. 275. {■^'^^•) It shall be the duty of the County Auditor 
be kcpt^open^U) ^q receive the returns and make the assessments provided for in 
*c. this Chapter within the times prescribed by law, and for this 

1883 XVII . . 

1008, §310. " purpose his office shall be kept open to receive the returns of 

taxpayers from January 1st to February :;*Oth in each year. 

Must appoint Sec. 276. {'26.) He shall, for the purpose of assessing taxes, 

places ^or^n-- attend at a convenient point in each township or tax district as 

and'gfve^nouce ^lany days as may be necessary, and for the remainder of the 

thereof. time allowed by law he shall be and remain at the County seat. 

J /<., 1009.8311. ^ ,. .-' . .. -,,,,. • I. ^ 

He, or his assistants, must give thirty days public notice of the 

days upon which he will be at the places designated. 



OF SOUTH CAROLINA. 1 

A. D. IW'JJ. 



Sec. 277. (-'-''•) l'«^' ^liall. I'M (II- before the first diiy of ' ' 

Miircli, iiniiually, iiiaki' out in talmhir furiii and alplialictical MuWi-h unmiui 
order u list of the names of the several persons, corniJaiiit's and tiKikiiiKntunm, 
cor])oriiti()ns in whose names any personal or real })ro[)erty siiall purticuUrH of 

have been listed, giving the first Christian name of the several *^l^i^2 

persons ; and he shall enter separately in appropriate colnmns 
opposite eaeh name the aggregate value of the several sjjeeies of 
property mentioned herein, make separate lists of the property 
listed as taxable in incorporated villages, cities and wards, and 
that listed as taxable out of cities, wards or incorporated villages ; 
all of which columns shall be accurately added up and footed ; 
and at the same time file and preserve in his office statements of 
property listed by him or received by him from others. If the 
name of the owner of any tract or lot shall not be known, the word 
" unknown" shall be entered in the column of names opposite 
said tract or lot. 

Gilliland v. Citadel Square Baptist Church, ;33 S. C, 164. 

Sec. 278. {'-■-''^.) The Auditor sliall annually, at the time of Make.s also 
taking the list of personal property, also take a list of all real estate not pre- 
property in the County subject to taxation which shall not have strictures new- 
been previou.sly listed : and of all new structures not previously strcyed, &c. ^ 
listed, and of all old structures which were destroyed during the ib. ,iiii. 
previous year ; and shall affix a value thereto, with a description 
of the land or lot on which tlie same was or is situate, endorse 
his affidavit thereon that the same is correct, and that the valua- 
tions therein stated have been made according to the rules pre- 
scribed by this Chapter, and return the same, with the names of 
the owners, respectively ; and if the owner of any such new 
structure shall be the owner of the land on which it is situate, or 
of a permanent leasehold estate therein, the Auditor shall add to 
or deduct from the value of the land or lease, as the case may 
be, as the same may stand on the duplicate, the value of such 
structure so returned ; but he shall not deduct any greater 
amount for the destruction of any structure than was previously 
charged for the same on the duplicate. 

Sec. 279. {^20.) It shall be the duty of the Auditor to state Remark s of 
in tlie column of remarks opposite each taxpayer's name, in the ^u'r u" s, "" s To 
return made by him, any amount which he believes ought to be Tr t'y . '' p.>nuity 
added to the valuation of the projierty listed by such taxpayer, fistji'i"^''"''''*' °"' 
his agent or other person. But he shall not increase the return ih..ioio.T2iI 
as made by any taxpayer, or his or her agent, except by author- 



112 CIVIL STATUTE LAWS 

A.D.18M. 

''■""'v ' ity of the Board of Assessors. It shall also be his duty, at any 
time after his return, if he ascertain that any personal prop- 
erty in his County has n(»t been listed, to list the same and 
nuike return thereof, with the valuation thereof as iixed by the 
owner or himself, and the name of the owner or person to whom 
it is taxable ; and he shall charge the same on tlie duplicate for 
taxation, adding lifty per cent, to the value as returned as 
penalty. 

Auditor has no authority to increase the assessment where it has been fixed 
by the Board of Assessors and Board of Equalization, even if ordered to do so 
by the Comptroller-General.— 67a^e v. Cromer, 35 S. C, 213: State v. Boyd. 
35 S. C, 233 ; State v. Covington, 35 S. C, 245. 

Returns of Sec. 280. It shall be the duty of each Auditor to state, in a 

Auditors"Tn*d Separate column, the school district in which each taxpayer 

reiaung^tof' ^^ resides ; and at the expiration of the time prescribed by law to 

11^' 'x^^'iMo • ^^ceive returns, each Auditor shall make out and forward to the 

1892,' xxi", 17. ' Board of Trustees of each school district within his County a 

correct list of the polls returned from their respective districts. 

The School Trustees shall examine carefully said list and report 

to the Auditor as soon as practicable the names of all persons 

who shall have failed or neglected to make returns, and it shall 

be the duty of the Auditor to enter upon his books the names of 

all persons thus reported to him by Boards of School Trustees. 

To make out Ssc. 281. (~^^.) It shall be the duty of the Auditor to make 

e^htract°or lot out from the maps and descriptions in his possession, and from 

vaiue° of "ame. sucli other sources of information as shall be in his power, a cor- 

uon^obuiined"; ^ect and pertinent description of each tract and lot of real prop- 

ttiority,^'^c^ ^"" erty in his County. AYheu he shall deem it necessary to obtain 

1R82, X VII., an accurate description of any separate tract or lot in his Countv, 

1010, 8215. . '■ J f w ' 

he may require the owner or occupier thereof to furnish the same, 
with any title papers he may have in his possession ; and if such 
owner or occupier, upon demand made for the same, shall neglect 
or refuse to furnish a satisfactory description of such parcel of 
real property to such Auditor, he may employ a competent sur- 
veyor to make out a description of the boundaries and location 
thereof, and a statement of the quantity of land therein. To the 
expense of such survey he shall add the tax assessed upon such 
real property, and it shall be collected by the Treasurer with such 
tax, and, when collected, shall be paid, on demand, to the person 
entitled to the same. 
May enter anti Sec. 282. {2->l.) For the purposc of enabling the Auditor to 

examine build- wv/v/. «w~. ^ '' / ^ , f' , 

ings to ascertain determine the value of buildings and other improvements, he is 
Jb., §216; — authorized to enter and fully to examine all buildings and struc- 



property exempt 
///.. 8217. 



OF SOUTH CAROLINA. 113 

" A. D. IH'Jl. 

tiiros (except dwellings), of wliatcvi^r kind, u lii«li are imt i)y law -<' — ^ 

oxprti.ssly exempted from taxation. 

Sec. 283. ('-'•^-. ) The Auditor, at the time of making? the _ Makps m ..f 
assc'ssinciits of othor real estate for taxation, shall enter in a 
sei)anite list pertinent dcsciriptions of the real estat(!exem[)t from 
taxation by law, with the valuation thereof made by himself, de- 
termined by the rules prescribed by law, and designating the 
owner of caeh several jiareel. 

Sec. 284. i-^-'o'-J.) The Auditor shall, on or before the thirtieth Transmits to 
(lay of June in each year, make out and transmit to the Oomp- oem'^ru" a n'ii 
tn)ller-(rLMioral and the County Commissioners an abstract of the mLsHion<'rs a"b- 
property of each district in his Count}', in which ho shall set erty'^'when'sj-nt 
forth: ^r^'^u-rir 

//)., 1011; 1SS5, 

1. The number of acres, exclusive of town lots, returned by xix., iw. 94. 
said Auditor, with such additions as shall have been made 
thereto. 

2. The aggregate value of such real property, other than town 
lots, as returned by said Auditor, inclusive of such additions as 
shall have been made thereto under the provisions of this 
Chapter. 

3. The aggregate value of the re.il property in each town, 
city and village in his County, as returned by said Auditor, in- 
clusive of such additions as shall have been made thereto. 

•i. The various kinds and descriptions of personal property re- 
turned for taxation. 

Sec. 235. {'-^4-) The Auditor shall make out, in a book to be The county 
prepared for that purpose, in such manner as the Comptroller- when^made out! 
General shall prescribe, a complete list or schedule of all taxable JJa^o?; ^111^ 
property in his County, and the value thereof as equalized, so dupiicafef ""^"^ "^ 
arranged as that each separate parcel of real property in each ^^z' ^^lo; i883, 
district, other than city, village and town property, shall be 
contained in a line or lines opposite the names of the owners, 
arranged in numerical or alphabetical order, and so that each lot 
or parcel of real property in cities, villages and towns shall be 
contained in a line or lines opposite the names of the owners 
thereof, respectively, arranged in alphabetical order. And the 
value of all personal property shall be set down opposite the 
names of the owners thereof, respectively ; and if listed by any 
ntlier person for and in the name of the owner, the name of such 
jierson. and the character in which he acted, shall also l)e stated 
in such list, which list or schedule shall be retained in his otlice, 
and aiK^ther made for the County Treasurer, and ilelivered to 
8—1 



114 CIVIL STATUTE LAWS 

A. D. 1S9J. 

' ^^ ' him on or before the thirtieth day of September, annually, as his 
warrant for the collection of the taxes, assessments and penalties 
charged thoreou, each and l)oth of which lists shall be denomi- 
nated the County Duplicate. 

Comptroller- gec. 286. (^60.) The Comptroller-Gcneral shall annually 

General notifies . "^^^^ *'"-'^; ^ ' , ^ ^^ ,. ■' 

Auditor of rates give duc iioticc to cach Couutv Auditor of the rat<*s per centum 
for state pur- • i i i ^ ■ \ j- 

poses. authorized by law to be levied tor the various State purposes, 

/b., 1022, ssm. ^]^jp]j rates, or per centum, shall be levied by the County Audi- 
tor on the taxable property of the County, and charged on the 
duplicate with the taxes required to be levied and collected for 
other purposes. 
Determines gsc 287. (~^'^0 The Auditor, after receiving from the Comi)- 

sumstobe ,, ,, , i- lii n^ -, i-- 

levied on prop- troller-lTeneral, and irom such other omcers and authorities as 
to nit«s furnish- shall be legally empowered to determine the rate or amount of 
ler-Generai and taxcs to be levied for the various purposes authorized by law, 

ties^ '_ statements of the rates and sums to be levied for the current year, 

J b., 1011, §220. gjjj^ji forthwith proceed to determine the sums to be levied upon 
each tract and lot of real property, and upon the amount of per- 
sonal property, moneys and credits listed in his County, in the 
name of each person, company, or corporation, which shall be 
assessed equally on all real and personal property subject to such 
taxes, and set down in one or more columns, in such manner and 
form as the Comptroller-General shall prescribe ; and in all cases 
where the whole amount of taxes upon the personal property, 
moneys and credits of any person shall not amount to ten cents, 
the Auditor shall not enter the same upon the duplicate, if such 
person has no other taxable property. 
Rule of assess- Sec. 288. {236.) The Auditor shall not be required to assess 
tionsin rates. J on the taxable property of his County, or of any town, city or 
7b.. 1012, §221. incorporated village, or school district therein, for any purpose, 
nor for all purposes added together, any rate of taxation con- 
taining or resulting in any fraction other than a decimal frac- 
tion, nor in any fraction less than one-half of a mill ; but if the 
sum required to be raised for any or all purposes results in a frac- 
tion less than one-half of a mill, such fraction shall be dropped. 
How taxes to Sec. 289. {237.) The Auditor shall enter the taxes on the 
djpucat e. duplicate to be retained in his own office in such number of 
lb., 8222. columns as the Comptroller-General shall, from time to time, 
direct ; but on the duplicate for the County Treasurer he shall 
enter the taxes against each parcel of real and personal property, 
on one or more lines, ojiposite the name of the owner or owners; 
and in all other respects the Comptroller-General may prescribe 



OF SOUTH CAROLINA. lir, 

foniis for County diiplitiiitus iis ni:iy soem to liini most conducive "^""".^""^ 
to the intorost and convonienco of the public, iind (.'(tuiity 
Auditors shall conform thereto. 

Sec. 290, ('-•>'*>'.) If the Auditor shall iit Jinv time discover Auditor's duty 

, , . " lui Ut real p«tat<' 

tiuit any real estate or new structure, duly returned and ap- oinitt<-.i from 
praised for taxation, has been omitted from the duplicate, he rtux.rteci, or 

shall immediately charge the same on the duplicate with the return. 

taxes of the current year and the simple taxes of each preceding /'»•. '^-i- 
year the same may have escaped taxation. And if the owner 
of any real estate or new structure thereon, subject to taxation, 
lias not reported the same for taxation, according to the rcrpiire- 
monts of this Chapter, and the same has not been appraised for 
taxation, the Auditor shall, upon discovery thereof, appraise the 
same, and, uyton making return of such appraisement, shall 
charge the same upon the duplicate with the taxes of the then 
current year and the taxes of each preceding year it may have 
escaped taxation, with twenty per cent, jienalty upon such taxes 
of preceding years. And if any real estate shall have been 
omitted in any return, the Auditor shall appraise the same im- 
mediately for taxation, file such appraisement in his office, and 
charge the same with the taxes of the current year and the 
simple taxes of the preceding years it may have escaped taxation. 

Sec. 291. (~--?.9.) If the Auditor shall suspect or be informed how Auditor 

,1 , ,■ 1 111- proceeds, when 

that any person, corporation or company has evaded making a return suspect- 
return, or has made a false return, of his or their personal prop- false orTncom- 
erty for taxation, or has not made a full return, or that the ^j^ j^jg g2^ 
valuation returned is less than it should have been, according to 
the rules prescribed by this Chapter, he shall, at any time before 
the settlement with the Treasurer for the year, notify such party, 
and also such persons as he may desire to examine, to appear be- 
fore him at his office, at a time fixed in said notice, and the party 
and any witness called shall be examined by the Auditor under 
oath touching the personal property of such party and the value 
thereof and everything tending to evince the true amount such 
party should have returned for taxation. 

The Auditor's jurisdiction is special, and the fact giving it must alfinua- 
tivelj' appear, cannot be presumed.— .SYrt^- v, Crutiwr, 8.5 S. C, 21o. It does 
not extend to cases regularly passed upon and determined by the tax boards.— 
Stdtr V. Cromer, ;i5 S. C, ^1:5 ; State v. ('ttviiujton, 'Mi S. C, "34.5. He has no 
authority to increase valuation of property where return is not intentionally 
false. — State v. Boyd, ;i"j S. C, S-i'i. And in no event to make such increase 
without notice to taxpayer, and proper impiiry and testimony lus to true 
ya.hn'. — It). If he increase the a.ssessment fixed by the tax boards he may be 
compelled by nuimtamiis to restore it to the amount so tixed. — State v. Cro- 
mer, ;>5 S. C, 2i:j ; State v. Covington, Si) S. C, 245. 



lie CIVIL STATUTE LAWS 

A. D. 189^: ■" ^ 

^~ ^' ' Sec. 292. ('-4J.) 'i'lie Auditor, when he shall deem it neces- 
Aftir invcsti- sarv, may adjourn the examination provided for in the preceding 

Ration, AlUlltOr ., '. -^. . tpiiho-.. ^ ^ 

churKi's tuxi's iSection, from time to time. It he shall find that the partv has 

a u il pi-naltles -.,1. , , », ,• . • ■ ,, ' ^ 

apiiinst default- failed to make any return for taxation, or has intentionallv made 
A., 1014,6220^ ^ false return, or has intentionally returned his or their property 
for taxation at less than its fair cash value, he shall determine 
what amount should have been returned by the party, and add 
fifty per cent, thereto as a penalty, and charge the same, with 
said penalty, against the party, on the duplicate, with the taxes 
of the current year and the taxes of each preceding year it may 
have escaped taxation, with twenty per cent, and penalties upon 
such taxes of preceding years ; but if he shall find the party com- 
mitted a merely unintentional mistake in any return made, he 
shall add such amount as lie may deein just to such return, and 
charge the party wdth the simple taxes thereon. 

" Unintentional mistake " does not mean error of judgment ; does not apply 
where property is retiuned and passed by the tax boards at a valuation less 
than others might estimate it. — State v. Boyd, 35 S. C, 2:33. 

How costs of Sec. 293. {^4^-) If. upon the examination provided for in 
b°^mi'P °° Section 292, the return made to or by the Auditor shall be found 
lb., §227. ^Q ^g correct, the expenses of the examination shall be paid by 
the County Auditor out of the County treasury ; but if it shall 
be found that the return, as made, was intentionally false, or 
that no return was made, the Auditor shall pay the expenses of 
the examination out of the County treasury, and charge the same 
to the party on the duplicate, in addition to the penalty provided 
for such cases ; and such amount shall be collected with the 
taxes of the party, to reimburse the treasury of the County for 
the expenses paid as aforesaid. But if the return made was un- 
intentionally erroneous, said Auditor shall pay the witnesses' fees 
and costs of serving the notice out of the County treasury, charge 
the same on duplicate to the party, and the same shall be col- 
lected and paid into the County treasury as aforesaid. 
What costs to Sec. 294. (~4->-) The expenses to be allowed upon the exami- 
~Tb.. §238. — nation provided for by Section 292 shall be, for serving the 
notice or notices, the fees allowed to Sheriffs and Constables for 
serving a summons, and to witnesses the same fees allowed to 
witnesses in suits before a Trial Justice's Court. 
Penalty to be SeC. 295. (~44-) The Auditor shall add to the value of all 
fu^Ii^OTnegiect personal property which the owner or other person whose duty 
to return. ^^^^"^ it is made to list the same shall have refused or neglected to list, 
lb., 8 229. QY ^;q t,he value of which such person shall have refused or neg- 



OF SOUTH CAROLINA. HT 

■ ' ~ A. D. 1K04. 

l<'ctc(l to swuur, lifty por ceiitiiin on tlu; valiic, ;iinl cliar^^o the """"v^^ 
saiiu' oil the duplicate, upon which taxes shall he collected and 
apportioned to tlie several finuls for which taxes are assessed 
a_i,^ainst such owner, in proportion to the respective levies. 

Sec. 296. The live preceding Sections shall he construed to construction 
mean as giving full and complete power to the County Auditor, r(;<iinff s^'tionw" 
independent of any riglit conferred uj)on County Boards of not^n-viewubie 
Assessors or other officers, as to securing a full and complete re- ^1^92" xxi «i 
turn of property for taxation in all cases as expressed in said 
Sections, whether fraudulently or otherwise improperly or in- 
completely made, and the action of said Auditor under said 
Sections shall not be interfered with by any Court of this State 
by mandamus, summary process or any other proceeding, but the 
taxpayer shall have the right, and no other, to pay his tax on 
sucli return under protest as now provided by law. 

Sec. 297. (~4''^-) Whenever any taxpayer shall fail to make upon failure 
returns to the Auditor (^f his County within the time prescribed taxes "k. "be"^ 
by law, it shall be the duty of the County Auditor to enter on erty*^°ch£^S 
the tax duplicate, against such taxpayer, the property charged yearfwith' pen- 
to him the previous year, with fifty per cent, penalty added ^"p^j^^*^^*^ • ^*" 
thereto, except in cases of sickness or absence from the County, i*;^, xvi., loisi 
when the true amount of property only shall be charged. 

Sec. 298. {^Jf^ ) If any person required to list property for Further time 
taxation shall have been prevented by sickness or absence from fanure to^return 

was by reason of 



giving to the Auditor the statement or return for taxation re- sickness or ab- 

nce._ 

ih., §sai. 



rjuired, such person or his agent may, at any time prior to the '^^"'^^ 



tenth day of September of the year of the assessment, make out 
and deliver to the County Auditor a statement of the same, 
sworn to (which oath the Auditor is authorized to administer), 
and shall also make oath before said Auditor that he was sick or 
absent during the whole time when he should have otherwise 
listed his property for that year ; and if absent, that such ab- 
sence was not for the purpose of avoiding the listing of his 
property. The Auditor shall receive the return made by the 
absent person, and charge such party with taxes on the duplicate 
according to the return so made to him. 

Sec. 299. {247.) The Auditor shall correct annually the Howcorreo- 
val nation of any parcel or lot of real property on which any a^^essnT^nis 
structures may have been constructed, or may have been de- """^^j'^**^- 
stroyed, according to the retuni thereof, made in accordance 
with the provisions of this Chapter, and assess the tax upon such 
corrected valuation. He shall also correct any errors he may 



k 



118 CIVIL STATUTE LAWS 

A. D. 1«M. " 

'^■' — V discover in the name of the owner, in the description or quantity 

of any parcel or lot of real estate, or in any return made to his 
office. He shall also correct any errors in his duplicate when 
ordered by the Comptroller-General, but shall not reduce any 
assessment of personal property regularly made and returned to 
his office, nor make any deduction from the valuation of any 
tract, lot or parcel of real estate, except upon the written order 
of the Comptroller-General, which shall only be made upon a 
statement of facts submitted to him in writing ; and when any 
personal or real property has been listed, returned or entered 
for taxation in a wrong locality, the County Auditor shall cor- 
rect the return or entry, and charge such property with the 
taxes in the proper locality. Any correction made in the dupli- 
cate by the (^'ounty Auditor shall be entered on both the Audi- 
tor's and Treasurer's duplicate, except that in case of the reduc- 
tion of any assessment or tax the Auditor may furnish the 
Treasurer with a certificate of such reduction. 

Auditor to keep Soc 300. (~4'^-) The Auditor shall keep a record of all sales 

record of sales '«^'^' » i t • i • /-. • i • i 

and convey- or conveyances of real property made in his Count}', in which 
estate; form; he shall enter, in columns, the names of the purchaser and seller. 
It)., 1016, §232. the quantity of land conveyed, the location and price of the same, 
and therefrom correct the County duplicates annually. For such 
entry, and the indorsement of same on the deed of conveyance, 
he may collect for his own use a fee of twenty-five cents. 
Abstracts of Sec. 301. (~4^-) He shall, annually, on or before September 
sent'to'^coinp^ thirtieth, make out and transmit, by mail, to the Comptroller- 
annuaiiyTwhat General, a complete abstract of the duplicate of his County, 
tocon^n, &c.^ which shall state the aggregate value of taxable property and 
XIX., 165. the total amount of taxes assessed thereon for that year ; and 
also an abstract of the number and value of each of the enu- 
merated articles of personal property, the value of merchants' 
and manufacturers' stock, and the value of all other personal 
property as returned by him and fixed by the Board or Boards 
of Equalization ; such abstracts to be made out in such form 
and contain such details as the Comptroller-General may pre- 
scribe. 
Auditor must Sec. 302. (^■^^'•) The Auditor shall answer in writing all in- 
f nT^comp^rou quries propounded to him by the Comptroller-General touching 
inqSri^,''&c^''^ the condition and value of the real est^ite of his County, and 
jjjJ882,^ V II., changes made in the valuation thereof in the different towns, 
villages, cities, wards and other districts ; also, as to the valua- 
tions of the different classes of personal property for taxation. 



OP SOUTH CAROLINA. 110 

' A.D. 18W. 

as coiiiitarcil with llicir market value, and in i'('latinii to any iiiid '^"^ 

all matters wliicli tlie Comptroller-CJenenil may deem of interest 

to the pnl)lic or of value to him in the dischar<Te of his duties. 

Sec. 303 {'■'>l-) County Auditors are authorized to admin- Audiuim may 
. 11 n i 1 4 1 I • i.1 Bdm InlBter 

ister all ojiths necessary to be taken by any one in tlie assessment (mths. 

and return of pro})erty for taxation, or necessary in the perform- "'-'Oit, «28o. 

ance of any duty enjoined upon them by hiw. 

Sec. 304. i-f'J.) 'I'he ('omi)trollor-(it'neral shall, from time romptmi i p r- 

to time, i)re]>ar(' and transmit to the several County Auditors all WK^fonnH un.i 

sucli liMins anil instructions as he may deem necessary to carry tion« to a udi- 

iiito ellect the provisions of this Chapter, and shall decide all j/^^joag 5245 

(|iiesti(ins which may arise as to the true construction thereof, or 

ill relation to the duty of any officer under the same; and the 

lonns tluis transmitted shall be observed and used l)y all County, 

town and municipal officers. The instructions thus given shall 

be obeyed by, and the decisions thus made shall be binding upon, 

all County, town and municipal officers. 

The order of Comptroller-Qeneral to Auditor to increase the assessment of 
property is without authority . —Sfote v. Cromer, 35 S. C, 213. 

Sec. 305. (23^.) He shall, as often as once a year, either in visits offices 
person or by some authorized agent of his office, examine all books, ^4c!!"cff 
the books, papers and accounts pertaining to the office of the Treaiurers^ an- 
Auditors and the Treasurers of the respective Counties, with a ^rv'^'^^^^A^-iiPi^- 
view of protecting the interests of the State, and rendering the 
said officers such aid or instruction as, in the discharge of their 
several duties, they may need to make their service the more 
efficient. 



ARTICLE 10. 

Di TIES OF Township and County Boards of Commissioners 
AS Boards of Eqialization. 

Sec. : SKf. 

SOU. Township Commissioners ; duties of, 312. Auditor conforms duplicate to vuliin- 

(us Asspssors. tlons of Board. 

30;. County Board of Commissioners; 813. Stjite Board of Equalization ; liow 

duties as Boards of Equalization. constituted. 

30K. Times and place of meetlnt;; pro- 814. Time of meeting and prooeedinps of 

eeedlnps, ic. Stole Board. 

800. Duties of Boards ; rules for equallza- 315. Compensation of members. 

tion ; Auditor to keep record of pro- 810. Comptroller-GeneniltransniKs results 

ceedlngs. to Auditor, wlio eunfoniis valuations 

810. Compensation of members. thereto. 
311. siH-elal Board for Charleston: how 

<diistltuted; time of meeting and 

duties of. ' 



no CIVIL STATUTE LAWS 

A. D. 18M. 

""" — ^ ' Section 306. (i?-^-?.) All the duties, powers and privileges 

Township now devolved by law upon the Towiuship I^)iirds of Assessors 
duties" tif us*iw- ure hereby devolved upon the Township Boards of Commission- 
''T^ XVII ^''^' ^^^'^ Township Boards of Assessors are hereby alx>lished. 
1885' xix""*li- '^'^^^ Commissioners, upon t;iking the oath prescribed in the Con- 
1^' vvi' V:i: stitution and the oath with respect to dueling, shall meet at 
isua, XXL, 4ici, some convenient place in their respective districts for the pur- 
pose of assessing the value of real and personal astate in their 
tax district for taxation. The members of the said Board shall 
receive no compensation, except in the Counties of Horry, Green- 
ville, Florence, Marion. Marlboro, Colleton, Oconee, Aiken, 
Spartanburg and AVillianisburg, where each Township Commis- 
sioner shall receive one dollar per day for one day's service as 
such Assessor in each year. 

In Counties in which townships have been laid out, each 
township shall be a tax district ; where townships have not 
been laid out in any County, the Auditor of such County shall 
divide the s;ime into as many tax districts as may be necessary. 
Each ward of the city of Charleston, and (1) so much of the 
County of Charleston as formerly was part of the Parishes of 
Saint James Santee and Christ Church (except Sullivan's 
Island), and (2) Sullivan's Island, and (3) so much of said 
County as was formerly a part of St. Andrew's Parish, and (4) 
that part of said County outside of the city of Charleston and 
part of the Parish of Saint Phillip, shall, severally, be tax dis- 
tricts of said County. 

This Board of Assessors has qicasi judicial authority, and when its action as 
to assessments is concurred in by the (bounty Board of Equalization it is res 
adjudicata and final and conclusive, except in case of mistake or fraud. — State 
V. Cromer, :i5 S. C, 213 ; Slain v. Covington, :J5 S. C, 24.5. 

County Boards Sec. 307. All the duties, powei^ and privileges now de- 
ers^how^ccnstt- '^^Ived on the County Boards of Equalization are devolved upon 
'"^«^- the County Board of Commissioners, and said Board of Equali- 

1882 XVII . 

101!); XVIII., 98; zatiou is hereby abolished. And the members of said Board, 

1893', xx*!.',' 432^ while performing the duties now devolved upon the County 

Board of Equalization, shall receive the same compensation as 

such Boards now receive. 

Times and SgC. 308. {'-■''4-) The County Auditor shall be the clerk of 

fn (f; pixSewi- ^^^ Couuty Board of Commissioners while acting as County 

ings, Ac. Boards of Equalization. The Board shall meet on the second 

It), 1019 §219" 

issoVxix.', 1(3.3; Tucsdav in March in each year, and at such other times as the 
Chairman or a majority of the Board shall direct, at the Auditor's 



OF SOUTH CAHOMXA. Ul 

"' A. I). IHIM. 

oflicu of tlu! Coiiiity. 'riic Auditor shall lay IxTdpc tlicm at tlicir " ■' ' 
iiiet.'tin<; ill March the returns of tin* rt'al property made by liini, 
with the valuations lixed by the Board of AssessorH. Each inem- 
l)er, having taken an oath, before some officer duly qualified to 
administer the same, fairly and impartially to e(|ualizc the value 
of the real estate of such (bounty, according to the provisions of 
this Article, the Board shall immediately proceed to equalize 
such valuations as between townships, so that each tract shall 
be entered on the tax list at its true value. They shall hear all 
grievances. Any person whose property has been or may be 
assessed above its true value who cannot secure relief from said 
Board, shall have the right to appeal to the Comptroller-Gen- 
eral of the State, to whom shall be forwarded all the testimony 
relative to such alleged grievance. 

Thit* C'ouuty Board of Equalization has quasi judicial authority, and its de- 
cision on assessments is final and conclusive, unless relieved by such appeal. — 
State V. Cromer, :J5 S. C, 213 ; State v. Covington, 35 S. C, 245. 

Sec. 309. (-•^-^•) For the purpose of performing the duties Duties of 
herein required, the Board shall observe the following rules : Sjuaiiza'tTon'^ 

1st. They shall raise the valuation of such tracts and lots of^^liTotpr^ 
real property or articles of personal property as, in their o^Dinion, ^^^f^'^t „ ry- 
have been returned below their true value to such price or sum i*^. «'2^J- 
as they may believe to be the true value thereof, and due notice 
shall be given to the owner or agent of such property. 

2nd. They shall reduce the valuation of such tracts and lots 
of real property and articles of personal property as, in their 
opinion, have been returned above their true value, as compared 
with the average valuation of the property of such County, 
having due regard to the relative situation, quality of soil, im- 
provement and natural and artificial advantages possessed by 
each tract or lot of real property. 

3d. They shall not reduce the aggregate value of real and per- 
sonal property below the aggregate value thereof as returned by 
the Auditor. 

The Auditor shall keep an accurate journal or record of the 
proceedings and orders of said Board. 

Sec. 310. (-''><y'. ) Each member of the County Boards of componsation 
Equalization shall receive for his services, for each day ii^'f^^i^Lv "/ ""''s".4,ri.<.i.y 
employed in performing the duties enjoined upon him, three |^'- '"'; ^'••. 
dollars per day and one mileage at five cents per mile each way 
for travel actually performed, to be paid by the County Trea- 
surer, 112)011 the warrant of the County Commissioners, on the 



122 CIVIL STATUTE LAWS 

A. D. 18M. 

^""""v ' certificate of the County Auditor, except in the Counties of 
Horry, Greenville, Florence, Marion, Marlboro, Colleton, Oconee, 
Aiken, Spartanburg, Anderson and Williamsl)ur<r. where they 
shall each receive two dollars, and in the County of Pickens they 
shall receive one dollar and fifty cents, and mileage as provided 
lierein. 

Special Boani Scc. 311. (356.) There shall be a special Board for the equal- 

for Charleston; . ,. ,*, , , , ^ , ,. . 

how fonstitut- ization of the real and personal property, moneys and credits in 
meeting and the city of Charleston, to be composed of the County Auditor 
-J882, JTIi.", ^°d s^^ citizens of said city, to be elected by the City Council 
1020; xviii., 98. ^f Charleston, and to be subject to removal by said City Coun- 
cil, which Board shall meet annually at the Auditor's office, on 
the first Monday in September, and shall have power to equalize 
the value of the real estate and personal property, moneys and 
credits within said city, and shall be governed by the rules, pro- 
visions and limitations prescribed for the government of annual 
County Boards of Equalization, but said Board shall not con- 
tinue in session more than two weeks in one year. 
Auditor con- gec 312. (^57.) The Auditor shall, on the duplicate, add 

forms duplicate *^^^' "**'• ^ / ' ^ ' 

to valuations of to or deuuct from the value of the real estate or personal prop- 
18S2, XVII., erty such per centum, in villages, to^\-ns, wards, blocks or other 

^•f^"'^®*^' districts, as may be ordered by the County Board of Commis- 
sioners of the city or County, as the case may be, distributing 
the same pi'o rata to each owner, and shall add to or deduct 
from the vahiation of the real or personal property of individ- 
uals, companies or corporations such sums as may be ordered by 
either of said Boards. 

The Auditor cannot add to the valuation of property of corporations where 
same has been approved by the said 'Board.— State v. Cromer, 35 S. C, '213 ; 
State V. Covington, 35 S. C. , 245. 

State Board of Sgc. 313. {2o8.) At the first meeting of said Board they 
ho'w"cons\uut- shiill elect one of their number who shall be a member of the 
ed, Ac. state Board of Equalization and who shall perform all the func- 

11). 1021 §242' 

iwta'' XXL, m, tions of said office as now provided by law. The member so 
elected must file with the Comptroller-General a certificate of his 
election on or before the meeting of the State Board. 

The Comptroller-General shall submit the said certificates of 
election and the abstracts of real property transmitted to him by 
the County Auditors to the State Board when it convenes, and 
shidl transmit its decision to the County Auditors, who shall 
forthwith conform their action thereto. 



OF SOUTH CAROLINA. 1^3 

Sec. 314. (~''>'''-) The siiiti Honnl shall meet at Cohiinhiu on ' — ' ' 

the second Tuesdav in .Iiilv. one thnusand eiffht hundred and Time of mwt- 

" IDK li II <i p ro- 

ninetv-four. and on the same (hiv in every fourth year there- <;•''"''"»'* »' 

after. Each nieniher shall take an oath or aHirniation that he //,.,- i h s », 

will, to the hest of his knowledge and ahility, so far as the duty " 

devolves on him, equalize the valuation of real property among 
the several Counties, towns, cities and villages in this State ac- 
cording to the rules prescribed by this Chapter for valuing and 
equalizing the value of real property ; and having received from 
the Comptroller-General the abstracts of real property trjinsmit- 
ted to him by the several County Auditors, said Board shall pro- 
ceed to equalize the same among the several towns, cities, vil- 
lages and Counties in this State in the manner hereinafter pre- 
scribed. 

1st. They shall add to the aggregate value of the real property 
of every County which they shall believe to be valued below its 
true value in money such per centum in each case as will raise 
the same to its true value in money. 

2d. They shall deduct from the aggregate valuation of the real 
property of every County which they shall believe to be valued 
above its true value in money such per centum in each case as 
will reduce the same to its true value in money. 

3d. If they believe that right and justice require the valuation 
of the real property of any town, city or village in any County, 
or of the real property of such County not in towns, cities or 
villages, to be raised or to be reduced, without raising or reduc- 
ing the other real property of such County, or without raising or 
reducing it in the same ratio, they may, in every such case, add 
to or take from the valuation of property in any one or more of 
such towns, cities or villages, or of property not in towns, cities 
or vilhiges, such per centum as they believe will raise or reduce 
the same to its true value in money. The Board shall keep a 
full account of their proceedings and orders. 

Sec. 315. {^59.) Each member of the Board sliall receive compensauon 
three dollars per day for each day he shall be employed in per- "//..yioisrsoia; 
forming the duties enjoined upon him, and five cents per mile '*'*'• ^^•' '^^• 
for traveling to, and the same for returning fr(mi, the seat of 
government, to be computed by the most usually traveled route, 
and paid out of the State Treasury, on the warrant of the Comp- 
troller-General. 



124 



CIVIL STATUTE LAWS 



A. D. i«nJ. 

'"■ — ^ ' Sec. 316. {■'>"•) When the Board shall have completed their 
Comptroller- e(|iiiilizati()n of real ijroiiurtv amoni; the several Counties, the 
f» Coniptroller-(ieneral shall transmit to each County Auditor a 



Goi 

mlt.s ri'siilt.s 

Auditor, who 

conforms vaiim- statement of the per centum to be added to, or deducted from, 

tlons ttiereto. , , . » , , . ... 

~ib., 8244. ' the valuation of the real ])roperty of his County, .spccifyin<i; the 
per centum added to, or deducted from, such valuation in each 
of the several towns, villages and cities, and of real property not 
in towns, villages or cities, in case an equal per centum shall 
have not been added to, or deducted from, each. The Auditor 
shall forthwith proceed to add to, or deduct from, each tract or 
lot in his County the required per centum on the valuation 
thereof as it stands after having been equalized by the County 
Board of Equalization, adding any fraction over fifty cents, and 
deducting any fraction less than fifty cents, so that the valuation 
of any tract or lot shall not contain any fraction of a dollar, and 
charge the same with taxes upon such equalized value. 



Article 1. 

Article '^. 

Article 3. 
Article 4. 
Article 5. 
Article 6. 



CHAPTER XV. 
The Collection of Taxes. 

The County Treasurer — appointment, tenure of 

office, compensation, &c. 
Powers and duties of County Treasurer and general 

provisions concerning the collection of taxes. 
Remedies and proceedings for relief of taxpayers. 
Enforced collection of delinquent taxes. 
Annual settlements of County Treasurers. 
Forfeited and abandoned lands — special provisions 

concerning. 



AKTICLE 1. 

The County Treasurer — Appoixtment, Tenure of Office, 
Compensation, tie. 



Sec. 



31". Appointment and quallflcatlon; 

bond. 
318. Suspension and removal from oflBice. 



Sec. 



319. Treasurers of Clmrleston and Berke- 
ley Counties ; may aptx)int deputies ; 
duties and compensation. 

3%. Coaimlsslons of CouDty Treasurers. 



Appointment Scctioil 317. (221.) The Govcmor is authorized, bv and 

and quallUca- ... . ' /• ' i 

tion; bond. With the advice and consent of the Senate, to ajipoint for each 
1007, 8'206. " County in the State a County Treasurer, who shall hold office 



OP* SOUTH CAROLINA. 125 

A. D. IKX. 



for the tonu of two years imd uiiLil liis successor is appointed aii<l ~ '' ^ 
qualifios. Before entering upon the duties of his office lie must 
take and subscribe tlie oath of office prescribed by the Constitu- 
tion and also the oath with respect to dueling. The Governor 
may require from said officer such bond as he may deem neces- 
sary, but the bond of the County Treasurer of Charleston County 
shall not be less than fifty thousand dollars, the bonds of the 
County Treasurers of the Counties of liichland, Abbeville, Beau- 
fort and Edgefield, respectively, not less than thirty thousand 
dollars, and the bonds of the County Treasurers of the other 
Counties, respectively, not less than twenty thousand dollars. 

Liability on bond. — Grccni:ille Co. v. Runion, '.) S. C, 1 ; State v. Teayue, ('> 
S. C, 14'.»; State v. Baldwin, 14 S. C, 139; York County v. Watson, 15 
S. C, 9 ; Aikrn Co. V. Murray, 35 S. C, 508. 

Sec. 318. {222.) County Treasurers shall be subject to sus- suspension 

pension and removal from office by the Governor, upon the same from otBce. 

grounds and in the same manner as prescribed in Section 273 in ^''m s-^'- 
relation to County Auditors, and all the provisions of said Sec- 
tion are hereby made applicable in cases of suspension and 
removal of County Treasurers. 

Sec. 319. {2'J'j.) The Treasurer of Charleston County may Treasurers of 
appoint one deputy and the Treasurer of Berkeley County three Berkeley coun- 
deputies, whose duty it shall be to assist in the collection of d^uul'V- duties 
taxes in said Counties respectively. Each dei:)uty shall receive uon. *^°™p^°^" 
as compensation for his services the same commissions as are i^^'x^mi*^' 
paid for collection of taxes to the County Treasurer, but the ^^• 
total amount paid to such deputy in any current year shall not 
exceed five hundred dollars. Their duties shall be confined to 
the collection of simple taxes and shall not include penalties 
attached thereto. They shall give such bond, for the faithful 
performance of their duties as said Treasurers, respectively, shall 
require. 

Sec. 320. (-~-^-) The following shall be the commissions of commissions 
the County Treasurers ujjon all taxes collected in their respective surers."'^ ^'^" 
Counties, except the County of Lancaster : Three per cent, upon j ^^\ ^^^W 
the first ten thousand dollars; two per cent, upon the next ten j^^^^U^- ^^J^i 
thousand dollars; one per cent, upon the next ten thousand '*>^.xii'^-'- 
dollars ; one-half of one per cent, upon all amounts collected 
over thirty thousand dollars : Provided, The same shall not 
exceed eight huiulred dollars or lie less than five hundred dollars 
per annum, except in the County of Chesterfield, where the 
commissions shall not exceed six hundred dollars, and exce])t in 



126 



CIVIL STATUTE LAWS 



A. D. 1804. 



tlie County of Charleston, where the commissions shall not exceed 
two tliousand dollars. For clerical services in the office of the 
Treasurer of Charleston County, one thousand dollars. 

The Treasurer of Lancaster County shall receive as his com- 
pensation the following commissions upon all taxes collected by 
him, to wit : Four per cent, upon the first ten thousand dollars, 
three per cent, upon the next ten thousand dollars ; two per cent, 
upon the next ten thousand dollars, and one per cent. u})oii all 
sums collected over thirty thousand dollars : Provided, The 
same shall not exceed the sum of one thousand dollars or be less 
than seven hundred dollars per annum. 



ARTICLE 2. 

Powers and Duties of County Treasurer, and General 
Provisions Concerning the Collection of Taxes. 



Sec. 



Sec. 



321. When ofiBce to be kept open. 

322. Must attend at convenient places to 
collect ta.\es. 

333. Must give notice of appointments. 

324. When taxes payable ; receipts ; pay 
certificates of jurors and witnesses 
receivable for. 

325. Apportionment when property trans- 
ferred after assessmeut. 

32C. General cash account of County Trea- 
surer; entries therein. Accounts with 
school districts ; entries therein 

327. When and how money forwarded to 
state Treasurer; receipts therefor; 
duty In respect to ; penalty. 

32S. Notifies County Commissioners of 
funds collected. 

329. Reports mouthly to School Commis- 
sioner. 



3:il. 



3:j 



230. Monthly report to Comptroller-Gen- 
eral. 

Annual report to Superintendent of 
Education. 

Annual report to Court of Sessions; 
publication of. 

333. Delinquent taxes ; penalty ; execu- 
tion. 

334. Mortgagee may pay tax and include 
same in mortgage debt. 

335. ComptroUor-Generdl may remit pen- 
alty in certain cases. 
Property liable to distress and sale 
for delinquent taxes. 
Treasurer may proceed by suit as 
well as by distress warrant to collect 
chattel tax. 

38. Delinquent chattel tax, how enforced 
against property In another County, 



336. 



337. 



Section 321. {262.) The County Treasurer shall keep his 
office oijen tor the receipt of taxes during the times fixed from 



When olHce to 
be kept open. 
1832. X V 1 1^ 

1023, §246. time to time by law. 

Must attend Scc. 322. {263. ) He shall, for the purpose of collecting taxes, 

piao^°to°ofiw:t attend first at some convenient point in each township of his 

^^^- County, or at such other places as shall be designated by law, one 

or more days, if necessary, and for the last portion of the time 

allowed by law for the collecting of taxes shall be and remain at 

the County seat. 

notice of a^p- Sec. 323. He shall give thirty days' public notice of the days 

ibT,§248^ — when he will be at the places designated. 



lb., §217. 



OF SOUTH CAROLINA. 127 

A. D. IWM. 

Sec. 324. (-'''^■) All taxes, except as licrcin excepted, shall ' •■ 
])v pavahK; aiimiallv after their assessment, and the several wiii-n tuxns 

11111 -1 . , p a y a b 1 e ; iv- 

C'ountv I reasurers shall collect the same in tiie manner required ((-ipu; iKiyp<T- 

,. -,,1 i.iii 1 i- • tlllcaU-H of )u- 

hy law, and give receipts therefor to the sevenii parties paying n.nt ami w 1 1- 

the same, in which the real estate paid on shall l)e briefly de- bie for. 

scribed, and the value of the personal property paid on shall be ^'>-< •■■»"• 
stated, together with the time such taxes may be payable. The 
pay certificates of all jurors and State witnesses in the Circuit 
Courts shall be received in payment of County taxes. 

Sec. 325. i--'''^') ^Vhen the title or an interest in real or Apportion- 
personal property, or any part thereof, shall have been trans- property trans- 
feri-ed to or vested in any person not the owner at the time said selwmeD t. '''^ 
property was assessed before the expiration of the period for the ^^-^ ^''■^' •■•^'• 
payment of taxes thereon, the County Auditor, upon the appli- 
cation of such person, shall apportion the share of taxes due by 
the original owner upon that portion of or interest in the prop- 
erty so acquired by such applicant ; and thereupon the County 
Treasurer shall receive from the applicant the proportionate 
share of taxes upon such j^art or interest so acquired, as esti- 
mated by the Auditor, and give therefor a receipt, which shall 
discharge such portion or interest from the taxes so assessed. 

Sec. 326. (~''-^-) It shall be the duty of each County Trea- General cash 
surer of the several Counties of the State to keep a book of entry county Treasu- 
containing a ''general cash account" of the school fund of his therein.'^ Ac- 
County for each fiscal year, showing on the left hand page the schoo?(iLstricts'; 
unexpended school fund for the previous year, the total poll tax, ^"j^v xxi'^tio* 
the total two mill tax, the total special tax and the total amount 
of other school funds for the current year, and showing on the 
right hand page the date of the payment by him, the date of ap- 
l)roval by the School Commissioner, the school district's No., 
the School Trustee's No., the School Commissioner's Xo. and 
his Xo. (his Xo. beginning with the figure 1 and running on up 
successively through the fiscal year), the name of the payee, 
the name of the person presenting, and the amount of each war- 
rant paid by him during the fiscal year. The said Treasurer 
shall also keep an account in said book with each school district 
in his County, showing the amount due to the district for the 
previous year, the poll tax. the two mill tax, the special tax and 
any other funds due the school district for school purposes, and 
the date of payment by him, the date of approval by the School 
Commissioner, the school district's No., the School Trustee's 
No., the School Commissioner's Xo. and his Xo. (it being the 



128 CIVIL STATUTE LAWS 

A.D. 1R94. 

''""■> ^ same No. as in tlie "general cash account"), the name of the 
payee, the name of the person presenting, and the amount of 
each warrant paid by liim during tlie fiscal year drawn on the 
fund of that district. 

whonand gcc. 327. (273.) Everv County Treasurer shall on the first 

how iiHiney for- i .... , . - , ' , , , i o m 

war(if<i to State and iiltceiitJi days of each month forward to the State Ireasurer 
ceipLs therefor; all the nionejs Collected by him for or on account of the State 
to; Vnauy.*^ taxes, Specifying for and on account of what fund the same were 
]889'xx.%6i^~' collected, for which an original and a duplicate receipt shall be 
issued to him by the State Treasurer, of which the original shall 
be retained by the County Treasurer and the duplicate shall be 
forwarded by him to the Comptroller-General ; and should said 
County Treasurer fail within ten days after he has received such 
receipt to send the same to the Comptroller-General he shall for- 
feit and pay a sum not exceeding two hundred dollars, nor less 
than fifty dollars, to be recovered in any Court having jurisdic- 
tion thereof, and the Comptroller-General, upon information 
made to him, shall take the necessary measures to cause the same 
to be recovered. 
NotiflesCoun- Sgc. 328. {273.) The County Treasurer shall, on the first 
PTs of Tunds col- and the fifteenth days of each month, report to the County 
'ib.\ io2r7§257; Board of Commissioners of his County the amount of funds col- 
lected for and on account of the County and the character of 
such fund. 
Keports month- Sec. 329. (1022.) He shall, on the fifteenth day of each 
comm4?oner?^ month, report to the School Commissioner of his County the 
^|p< ^'^i- ^' amount of collections and disbursements made by him for the 

month on account of poll tax and all other school funds. 

Monthly report Scc. 330. (273.) He shall, on the sixteenth day of each 

Gen^eraif*™"^'^' month, report to the Comptroller-General, in such manner as 

i§«|'^_v 1 1., }^Q shall direct, a full and complete statement of the previous 

month or months, exhibiting the total collection made during 

the fiscal year, the amount disbursed, and cash on hand for or on 

account of any levy or tax collected by him, which report shall 

be denominated ''The County Treasurer's Monthly Report." 

Annual report Sec. 331. {1023.) He shall make out and forward annually 

ent^o^'EiTu^aUon to the Superintendent of Education, on the first day of Novem- 

i67rf. xvi.,5S4, jjgr a certified statement showing bv school districts the amount 

8 52, c * 

of poll and all other school taxes collected by him for the fiscal 
year ending on the thirty-first day of October next preceding. 



OF SOUTH CAROLINA. I'.'O 

~ A. D. 1W4. 

Sec. 332. Ili'sliiill iiiaku an annual ropdrt to tlie prcHiding """"^-^ 

.Tudfje, at the .sin-oiid term of the Court of Ceneral Sosdions in his Anmmi r.fK.rt 

*= . . . .to c.-urt nf .m »- 

(/'ouuty which shall he held after the first day in January in«io'"*: pubiica- 

eaeh year, of the number, character and amouut of clainis ])aid ikh2. xvii. «»c, 
by him on orders of County Commissioners and County Sdiool xx'., "I'w.' *"*'' 
Commissioners aud to whom paid, which report shall he sub- 
mitted by said Jud^je to the (iraiid Jury for their examination, 
and shall be filed by the Clerk f)f said Court aJid kept in his 
ottice for public inspection. lie shall cause said rejjort to be 
published at least two weeks before the sitting of said Court in 
some ne\vs])aper published in the County. 

Sec. 333. {'^7(k) When the taxes, assessments and penalties Dfiinquent 
charged against any property shall not be paid on or before the fx*'<nition°* * ' 
time fixed in each year, a penalty of fifteen per cent, thereon ^j^" ^^' ^**^' 
shall be added by the County Auditor on the County duplicate ; 
and if the said taxes and penalty shall not be paid on or before 
the day fixed in the Act levying the tax for that year, the said 
taxes and jieualty shall be treated as the delinquent taxes on 
such property, to be collected in the manner that is or may be 
prescribed by law ; and if the amount of such delinquent taxes, 
assessments and penalties shall not be paid on or before the day 
fixed in the Act levying the tax for the year, the same shall bo 
collected by warrant of distress or execution against the property 
of the defaulting taxpayer, as hereinafter provided. 
Penalty not iinconstitutional.— £"0; Part'>, Lynch, 10 S. C, 30. 

Sec. 334. (~~7'.) Any person holding a lien bv wav of, or an Mortgagcpmay 
mterest 111 the nature 01, a mortgage upon any property, the ciu.u- same in 
subject of taxation, upon which the mortgagor shall have failed ^^o ^yij \^^ 
to i)ay the tax, may, at any time before the sale thereof for de- 
linquent taxes, as hereinafter provided, pay the tax, with any 
costs, penalties or assessments which may have accrued thereon ; 
and thereupon he shall be entitled, as against the mortgagor, 
his representatives, privies or assigns, to include the amount so 
l)aid, and all interest thereafter accruing thereon, in the debt 
securetl by his mortgage. 

Forfeiture for taxes, wth right of redemption existing, does not divest lien 
of mortgage. - Antwly v. DiSdus^ure, 12 S. C, 51'J. Purchase at tax sjile by 
mortgagee or assignee does. — Devereaujc v. Taft, 20 S. C, .Vkj. 

Sec. 335. {'■7'.>.) In all cases where the penalty for non-pay- comptroi 1 »• r- 
ment of taxes has attached to property held by tu^signees in mit"''™nauy "to 
bankruptfv, and which could not, or cannot, be sold l)efore the *"'''^"'" ''"***• - 

1SH2 XVII 

time at which taxes become due, and in all cases where sales of lo*. i-^- 
9—1 



130 CIVIL STATUTE LAWS 

A. D. 1801. 

"'""■"v — -^ property, for the settlement of estates, ordered by any Court in 
this State, have not been, and cannot, for want of time, be 
made in season for the payment of taxes due thereon, the Comp- 
troller-General, upon proi)er evidence that the taxes due upon 
such property have not been, and cannot be, jiaid until a sale of 
said property is made, may remit the penalty wbich by law at- 
taches for non-payment of taxes. 
Property liable Sec. 336. {-^O.) All personal j)roperty subject to taxation 
sale 'ft^deiin^ sliali be liublc to distress and sale for the payment of taxes in 
Tt^^^i^-^ix^ *^® manner hereinafter provided, and all real property returned 
?L''' J.S?*' ^5" delinquent by the Countv Treasurer upon wliich the taxes shall 

45; l8t«(, XX., . . " . 

.?34; 1890, XX., not be paid by distress or otherwise shall be seized and sold as 
hereinafter provided. 
No exemption against execution for taxes. — Oliver v. White, 18 S. C, ^1. 

Treasurer may Sec. 337. {'81.) If any chattel tax shall be unpaid at the 
as°w^ aVby time fixed by law for the payment thereof, or shall be returned 
rant!^o^couect delinquent as authorized by this Chapter, the County Treasurer 
cha^itex. jj^^y j^Q^ Q^l proceed to enforce the same by distress warrant or 
1029,6265. execution as hereinafter directed, but may recover the same, 
with the j)enalties thereon, by action at law, proceedings in at- 
tachment, or other means authorized by law to be used by 
private individuals in the collection of debts, which action or 
other proceedings shall be prosecuted in the name of such 
Treasurer ; aud if he shall die or go out of office before the 
termination of such action or proceeding, or the final collection 
of the money, or any judgment or order therein, his successor or 
successors may, from time to time, be substituted as plaintiff 
therein. 
Delinquent Sec. 338. {382.) If after the return of any chattel tax by 
bo\v^ enforced any Couutv Treasurer as delinquent the County Treasurer 
rn'Tn 0*^1^6 r shall know or be informed that the party against whom the 
^"""^j^" „ .„ „ same is charged resides in some other Countv in this State, or 

JO., 1030, 82oo. ° . . . ^ 

has property or debts due him therein, it shall be his duty to 
make out and forward to the Treasurer of such other County 
a certified statement of the name of the party against whom 
such taxes are charged, of the value of the property on wliicli 
such taxes were levied, the amount of the taxes and penalties 
assessed thereon, and that the same are delinquent, to the aggre- 
gate of which taxes and penalties he shall add twenty-five per 
cent, as collection fees, upon the receipt of which certificate it 
shall be the duty of the Treasurer of such other County to col- 
lect such delinquent taxes and penalties, with the twenty-five per 



OF SOUTH CAROLINA. 131 

A.T). iw;ii. 

cent, colloction foos as aforesaid, for wliicli itiirpose he aliall ■ 

have all the rij^hts, powers and remedies conferred upon the 
Treasurer of the County in which sucli taxes were assessed, and 
same foes shall be allowed for distraint and sale of property as 
if said taxes had l)oen levied in his own County, and, upon col- 
lection made, such Treasurer may retain one-half of said twenty- 
five per cent, collection fees and shall transmit by mail the bal- 
ance collected by him to the Treasurer of the County from 
whom he received such certified statement. But if the Trea- 
surer to wlioin any such statement is sent caiinot collect the 
amount therein named, or any part thereof, he shall return tlie 
same, so endorsed, with reasons for such non-collection. 



ARTICLE 3. 

liEMEDIES AND PKOCEEmXGS FOR RELIEF OF TAXPAYERS. 



8kc. I Sec. 

33'J. Collection of taxes not stayed by | 313. What costs taxable 
process of Court. 

310. Proceedings upon claim that tax is 
unjust or illepil ; payment under 
protest and action a;;ainst Trea- 
surer, etc. 

.311. Remedy thus pro\ided exclusive; 
mandatory and preventive process 
of Courts iuhiblted, &c. 



343. How taxes Illegally assessed and col- 
lected may be refunded. 

814. Defense of actions against Auditors 
and Treasurers ; parties to, costs, &c. 

345. Measure of damages; exception. 

34(5. When Attorney-General defends. 



Section 339. (^"i.) The collection of taxes shall not be couecuon of 
stayed or prevented by any injunction, writ or order issued by if^^^^el^''^ 
any Court or Judge thereof. ^^'i^'^xviT 

Sec. 340. i^OS.) In any case in which County, State or other -'^^ «"5t5. 
taxes shall be charged against any person upon the books of the upmi^^m^'^at 
County Treasurer, and he shall claim payment of such taxes, or lnegai;"^yfneni 
shall take any steps or proceeding to collect the same, such per- and'ac'uTn 
son, if he conceive the same to be unjust or illegal for any cause, sunlr.^AcT "^ ^ "" 
shall pay the said taxes notwithstanding under protest in such iRsa. xvii., 
funds and moneys as the said Treasurer shall be authorized to 
receive by the Act of the General Assembly levying the same. 
Upon such payment the Treasurer shall pay the taxes so col- 
lected into the State Treasury, giving notice at the time to the 
Comptroller-General that the payment was made under protest. 
The person so paying said taxes may at any time within thirty 
days after nuiking such payment, but not afterwards, bring an 
action against the said County Treasurer for the recovery thereof 



132 CIVIL STATUTE LAWS 

A. D. IRM. 



in the Court of Common Pleas for the County in which such 
taxes are payable. If it be determined in such action that such 
taxes were wrongfully or illegally collected, for any reason going 
to the merits, then the Court before whom the case is tried siiall 
certify of record that the same were wrongfully collected and ought 
to be refunded ; and thereupon the Comptroller-deneral shall 
issue his warrant for the refunding of the taxes so paid, which 
shall be paid in preference to other claims against the Tretusury : 
Provided, That the County Treasurers shall be required to receive 
jury and witness tickets for attendance upon the Circuit Courts 
of the State, receivable for taxes due the County in which the 
said services are rendered. 
Remedy thus Sec. 341. (269.) There shall be no other remedy than that 
sivp; mandaton" provided in the preceding Section in any case of the illegal or 
p"roce^ss°* of wrongful collection of taxes or attempt to collect taxes, or 
courts Inhibit- ^^^g^p^ ^q collect taxes in funds or moneys which the County 
lb., 1025, §253. Treasurer shall be authorized to receive under the Act of the 
General Assembly levying the same, being other than such as 
the person charged with said taxes may tender or claim the right 
to pay, than that herein provided. And no Avrit of mandamus 
shall be granted or issued from any Court or Judge thereof 
directing or compelling the reception for taxes of any funds, 
currency or bank bills not authorized to be received for such 
taxes by the Act of the General Assembly levying the same ; 
and no writ, order or process of any kind whatsoever staying 
or preventing any officer of the State charged with a duty in the 
collection of taxes from taking any step or proceeding in the 
collection of any tax, whether such tax be legally due or not, 
shall in any case be granted by any Court or Judge thereof ; but 
in all cases whatsoever the person against whom any taxes shall 
stand charged upon the books of the County Treasurer shall 
be required to pay the same in such funds and moneys as the 
said County Treasurer shall be authorized to receive by the Act 
of the General Assembly levying the said taxes, in manner and 
form as above provided, and thereupon shall have his remedy 
under the provisions of the next preceding Section. 

The inhibition in this and Section 339 upon preventive power of the Courts 
is Constitutional.— SYo/e v. Treasurer, 4 S. C, .520 ; State v. Gaiilard, 11 S. C, 
309 ; Chamblee v. Tribble, 23 S. C, 76. But it only applies to taxes, and not to 
assessments.— Sf a fc v. Cromer, 35 S. C, 213 ; State v. Boyd, 3.5 S. C, 233 ; 
State v. Covington, 35 S. C, 245. 

What costs Sec. 342. (270.) In any action brought under the provisions 
lb., 82^ — of this Article no costs or disbursements shall be taxed in favor 



OF SOUTH CAROLINA. 13:5 

\.h.\^'.n. 
of oitliur piirty, oxcupt for the .service of profess and ]irocuring ■ 

the attendance of witnesses. 

Sec. 343. (-'"*>'•) If any taxes shall be i 11 e^Mlly assessed and How mxis 
collected, when the same shall become known to the County cd uiKrcoiiiru.-d 
Anditor, he shall, on demand of the party interested, submit ed. 
the matter to the Comptrollcr-CJeneral ; and if the Comptroller- ^''^ 'o^«*=^- 
(Jeneral approve thereof in writing, the amount so illegally col- 
lected shall be repaid to the party ])aying the same out of the 
County treasury on the order of the County Auditor ; and so 
much of said taxes as shall have been paid into the State Trea- 
sury shall be refunded to the County treasury, and the County 
Auditor shall retain the same in his next annual settlement and 
charge the State therewith. 

Tax to build railroad, voted by township, is not a State, County or municipal 
tax. and County Treasurer is not protected in rejjaying same by order of Comp- 
troller-General. — Carolina, Cumberland Gap di Chicago Railroad Co. v. Trib- 
hle, 'JoS. C, -W. 

Sec. 344. i^fl').) If any action be prosecuted against the Defenseofao- 
County Auditor or County Treasurer for performing, or attempt- Au'eut^or^ami 
ing to perform, any duty enjoined upon them by the provisions tieftol'^^ts^lc" 
of this or the next preceding Chapter, the result of which action ib.,\(m,mo. 
will affect the interests of the County if decided in favor of the 
plaintiff in such action, such Auditor or Treasurer shall be 
allowed and paid out of the County treasury reasonable counsel 
fees and other expenses for defending such action, and the amount 
of any damages and costs adjudged against him, which fees, ex- 
penses, damages and costs shall be apportioned ratably by the 
County Auditor among all the parties, except the State, inter- 
ested in the revenue involved in said action. 

If the State be interested in the revenue involved in said 
action, the x\uditor shall immediately, upon the commencement 
thereof, inform the Comptroller-General of the action and its 
alleged cause, and the Comptroller-General shall submit the 
same to the Attorney-General, who shall defend said action for 
and on behalf of the State. If only some local levy, made by 
town or other local or municipal authorities, be involved in such 
suit, such town or other local or municipal authorities shall em- 
ploy and pay counsel and all damages and costs recovered in 
such action ; and the Auditor or Treasurer so sued, or both, if 
both be sued, may, by petition, answer, or motion in Court, 
cause the town or other local or municipal authorities interested 
in the revenue involved in the action to be made parties thereto 
(if not already parties), and the Court in which such action may 



134 



CIVIL STATUTE LAWS 



A. D. 1894. 



Measure of 
damages; ex- 
ception. 

J b., 8801. 



When Attor- 
ney-General de- 
fends. 



lb., 1042, §302. 



be pending sluill cause them to be made ])artie8 thereto and 
render judgment for any damages and costs whicli may be found 
in favor of the phiintiff against said town or other municipal or 
local authorities, and not against said officer or officers. 

Sec. 345. {317.) In any action or proceeding against any 
County Treasurer for the recovery of any property or moue}'^ 
alleged to have been erroneously or illegally assessed or collected 
as taxes, assessments or penalties, the amount recovered shall 
not exceed the value of such property or money, unless the party 
bringing such action or proceeding shall make it appear that a 
notice in writing of the claim on which suit may be brought was 
given to said Treasurer in pursuance of Section 340, and tliat 
said Treasurer has proceeded contrary to the provisions of this 
Chapter. 

Sec. 346. {318. ) It shall be the duty of the Attorney-General 
to defend any suit or proceeding against any County Treasurer, 
or other officer who shall be sued for moneys collected or prop- 
erty levied on or sold on account of any tax, when the Comp- 
troller-General shall have ordered such collector to proceed in 
the collection of such tax, after notice as aforesaid, or suit 
brought ; and any judgment against such Treasurer, or other 
officer, finally recovered shall be paid in the manner provided in 
Section 344. 



ARTICLE 4. 



Enfoeced Collection of Delinquent Taxes. 



Sec. 
347. Treasurer Issues execution to Sheriff ; 

form of. 
34ft. Fees and charges. 

349. Sheriff to seize, advertise and sell 
property; put purchaser In posses- 
sion, Ac. 

350. When Auditor to buy for Sinking 
Fund Commission ; how titles to be 
made, Ac. 

351. Sheriff's deed prima facie evidence 
of good title ; limitation of action. 

352. Suspension of sale; when and on 
what grounds ; evidence ; waiver. 

353. Return of execution and paying over 
money ; Sheriff's duties and how en- 
forced ; penalty. 

354. Lands not on tax books to be surveyed 
and placed on tax lists ; discretion of 
Sinking Fund Commission. 

355. Power of Secretary of State as to for- 
feited lands ; valuation. 



Sec. 
35ti. 



357. 
358. 

s.'sn. 

360. 
301. 



Entry and demand for payment; post- 
ing and publication of notice; form 
of warrant or execution ; fees, costs 
and expenses, 4c. 

Payment of surplus to Secretary of 
State ; disposition of ; funding after 
Ave years ; titles to Sinking Fund 
Commission ; assets of State ; t« be 
sold. 

Petition by owner; appeal to Sinking 
Fund Commission; stay of warrant; 
proceeding to obtain valuation ; pen- 
alty. 

Tux duplicate to be prima farif evi- 
dence : sutUrient warrant for sale ; 
rebutting evidence. 
Sheriff's deed prima facie ; limita- 
tion of action ; necessary evidence. 
Cumulative evidence ; choice of exist- 
ing suits. 



OF SOUTH CAl^nl.lXA. 135 

A. D. ISWI. 

Section 347. IniiiM'iliatrly iiiNiii t li(M'X|»ir;ili()ii (if tlictiliK! ' ' 

allowed by liiw for I he paviiK-iit of taxes in aiiv year tin; County Tniwunr is- 

Treasurer of each Coniitv shall issue, in the name of the State, t<.sii<TiiT; form 

of. 
11 warrant or execution in (lii|tlicate against such defaulting tux- isk?. xix.. ««w. 

]):ivi'r in his County, signed by liini in his oHicial fapacity, 
dirt'ctrd In the ShcrilT of his County or his lawful deputy, 
requiring am! cnninianding liiin to levy the same by distress and 
sale of so nuK'h of the deraulling taxpayer's estate, real or per- 
sonal, or l)oth, as nniy he sullicient to satisfy the taxes. State, 
school. County and special, of such defaulter, sisecifying therein 
the aggregate amount of all his taxes, as well as the amount to 
each fund ; which warrant or execution shall run substantially in 

these words (tilling the blank to suit each case), viz. : 

Treasurer for the County of , to the Sheriff of 

County, or to his lawful deputy : 

Whereas has been duly assessed the sum 

of dollars for defraying the charges of the 

State, school, County and special, for the fiscal year beginning 

November 1, 18. ... , as follows, to wit : For the State, § ; 

for public schools, § ; for County, 8 ; for 

special, $ ; Avhich .... has neglected to pay : These are, 

therefore, in the name of the State, strictly to charge and com- 
mand you to levy by distress and sale of the personal property, 
and if suflticient personal property cannot be found, then by dis- 
tress and sale of the land, of the said , the 

sum of dollars, together with dollars, the charges 

hereof ; and for so doing this shall be your sufficient warrant. 

(Jiven under my hand and seal this day of , 

A. D. 18.... 

[L-s] 

Treasurer of County. 

Executiou should sprcify whrther for capitation or property t&^.— State v. 
Orahain, )i Hill, 4.57. Need not specify subject of taxation. — State v. City 
Council, 4 Rich., 28(1. Execution for taxes, in part illegal, not specifying 
amount illegal, is altogether void.— .S'^/^' v. Hoilifes, 14 Rich., 'init. Personal 
property must be exhausted before land can be »o](i.—Ebauyh v. Mulliuax, 
34 S. C, :H'A ; Curtis v. Benneker, 34 S. C, 4(18. 

Sec. 348. The Treasurer for every such warrant issued shall Fees and 
havi' from such defaulter ijil.On ; and the Sheriif shall take from y/, .i'>^s xx 
such defaulter the following fees in the execution of his oftice, ^\^ '^''' -^-^•• 
to wit : For serving each warrant, *1.00. besides mileage at the 
rate of o cents for each mile actually traveled in executing the 
warraiil : for advi-rtising sale, 'i') cents; for nial<inir sale and 



13G CIVIL STATUTE LAWS 

A.D.ISM. ^ 

''"^ V ' executin<^ deed of conveyance, and putting punliaser in posKCti- 
sion, IS. 00 ; and for all suins levied as aforesiiid. five per cent.: 
Proi'ided, That the printer's charges for advertising shall not 
exceed 50 cents for each tract of land, and 25 cents for personal 
property, levied on under each execution, and the Sheiiff is 
prohibited from demanding or collecting any greater sum there- 
for than is hereby allowed ; and neither the Sheriff nor County 
Treasurer shall receive fees upon nuUa bona returns. 
■ Sheriff to seizi', Scc. 349. Under and by virtue of said warrant or execution, 
B eT[ property ; the Slicrill' sliall scize and take exclusive possession of bo much 
fn"po^«sion^ of the defaulting taxpayer's estate, real or personal, or both, as 
*837 xix~863 may be necessiiry to raise the sum of money named therein and 
*-^- said charges thereon, and, after due advertisement, sell the same 

before the court house door of the County on a regular sales day 
and within the usual hours for public sales, for cash, make title 
therefor to the purchaser complying with terms of sale, and annex 
to said title the duplicate warrant with endorsement thereon of 
his action thereunder, put the purchaser in possession of the 
property sold and conveyed, and after deducting from the pro- 
ceeds of sale the amount of taxes and charges shall pay over the 
excess, if any there be, to the defaulting taxpayer, and the taxes 
so coDected to the County Treasurer. 

Section Constitutional.— iSf a <p v. Allen, 2 McC., 5.5. Sale invalid, on day- 
other than fixed by law. — Roddy v. Purdy, 10 S. C, l^S ; Douyheiiy v. Craw- 
ford, 14 S. C, t)2S. Irregular sale, where no deed is delivered, gives no title. - 
Garlington v. Copelnnd, 32 S. C, 57. Lands listed as of unknown owner may 
he sold.— Gilliland Y. Baptist Church, 33 S. C, 1<>4. No homestead against 
tax sales.— S'/i^'W v. Duncan, 31 S. C, 547. But inchoate right of dower re- 
maios. — / b. Defaxilting taxpayer can by ordinary action recover surplus pro- 
ceeds from Sheriff. — State v. Txtrner, 32 S. C, 348. 

When Auditor SeC. 350. In case there be no bid equal in amount to the 
ing^r^d"^ cxjm- taxes named in siiid warrant or execution, the County Auditor 
uuTs to°b'e shall buy the land for the Sinking Fund Commission, as the actual 

made, &c. purchaser thereof, for the amount of said taxes and penalties, 

costs and charges ; and the Sheriff shall thereupon execute titles 
to said Sinking Fund Commission, as to any other purchaser, 
and in the manner above provided, and shall put them or their 
authorized agent in possession of the premises. The land so 
sold and purchased and delivered to stiid Commission shall be 
treated by them as assets of the State in their charge, and be 
sold at such times and in such manner as by them shall be deemed 
most advantageous to the State. 
State v. Thompson, 18 S. C, 538 ; Owens v. Owens, 25 S. C, 155. 



OF SOUTH r.\T^)I.I\A. 137 

" A. D. 1W»4. 

Sec. 351. Ill :ill ciises of sale tin- Shcrill's (Icrd nf convcyimcc, "" v^~^ 
wliotlier I'xocuti'd to a i)riv!it(' i)i!r.S()ii, a cdrhoration or the Sink- nhfriff's doed 

■ ' ' _ jir i mil facie 

iiiir Fulul (•oiiuiiissioji, shall he licld and taken as nrinia /V/r/> '•vldcncn of 

^ . K"*"' """; "'"'- 

evidence of a pxxl title in the holder, and tint all proceedings tJiH^n of m-tion. 

have been re-rular, and all ve(|nireni('nts of the law have Ix'on 
duly coin))lie(l with. Ts'o action for the recovery of land sold hy 
the .ShcrilT iiiuier the provisions of this Article, or for the recov- 
ery of the possession thereof, shall he niaintaiiu'd unless 1)rought 
witliin two years from the date of said sale. 

Courts must give tax title full statutory effect. — Coke v. Pennington, 7 S. C, 
3S7. But claimant must prove title.—/ 6., \^ S. C, 192. Tax deed prima facie 
evidence.—/^.,' SIwH v. Duncan, 81 S. C, M7. Unless deed shows that sale 
was invalid. — roo/t-fv. Pennington, IT) S. C, l'.t2. But it is not vitiated by fail- 
ure to recite ixrformance of i>rerequisites.— .S7»7/ v. Duncan, supra. Yet it 
may l>e defeated by showing lack of such prerequisites.— /6. Must be con- 
strued in connection with the following Section. — Bull v. Kirk, 27 S. C, 39.5. 

Sec. 352. In case the taxpayer alleged to be in default after suspension of 
levy of distress as aforesaid shall allege that the taxes have been on' what 
paid, or are unjustly assessed against him, he can and may have Se^ce ;^ waiver' 
the sale sus})ended, if before the sale he offers satisfactory evi- xx'-w'^e's^'^' 
deuce to the Sheriff that said taxes have been paid or improperly 
aissessed against him, and within twenty days thereafter take such 
steps as are provided by law for correction of unjust assessment, 
or to prove payment, and prosecute the same to a successful 
result within a reasonable time. And in case such taxpayer 
offers no such proof, or fails to take the course herein provided, 
he shall be deemed in law to have waived all exceptions to the 
omissions, errors and irregularities (if any there be) in the assess- 
ment of said tax, and in all preliminaries to said sale as pre- 
scribed by law, and to have admitted that each and all j^relimi- 
nary steps to said assessment and sale, and said assessment and 
sale, were in accordance with the requirements of law. 

Sec. 353. The Sheriff's of the several Counties in the State, Rotumofexe- 

,.,. ji- 1 • 1 • • out Ion and pay- 

in making levies and sales, in making returns, and m paying over injrov.Tnu.m-y; 

money collected under tax Avarrants and executions placed in Juuiiio'wt'nforc^ 
their hands by County Treasurers, shall be subject to the ilii'<^'f- '"'I'v^J^xx^'ag. 
tion and under the control of the Comptroller-General of the '*'*'• ^^•' '*^- 
State in like manner as they are now to plaintiffs in execution ; 
and the Com])troller-(Jeneral is herel)y invested with all the 
rights and privileges of a plaintiff in execution, to invoke and 
obtain the aid of the Court to comj)el refractory Sheriffs to dis- 
charge their duties in the enforcement of tax executions. And 
it is hereby made the duty of the sai^l Sheriffs, respectively, to 



138 CIVIL STATUTE LAWS 

A. D. 1MB4. 



"""^ ^^ make return of all tax executions to the 'JVeasurers of their 

respective Counties within ninety days after tlie date of issue 
thereof, desii^nating such as may be iniUa hoiid and such as may 
have been collected by distress and sale or otherwise, and within 
the same time to pay over to the said Treasurers all taxes and 
penalties collected by them ; and in case of default, tiien the 
several County Treasurers shall have the right to recover from 
any such defaulting Sheriff treble the amount of such taxes and 
penalties, in an action or actions, which they are hereby author- 
ized to bring, in any Court of competent jurisdiction, 
unds not on Sec. 354. The Commissioners of the Sinking Fund are hereby 
suneyed and authorized to havc surveyed any lands that they are informed or 
Rsls. Discretfon believe have been continuously for ten or more immediately pre- 
commission."" Ceding years upon neither the tax duplicate or forfeited land list 
1889, XX., 348. Qf ^jjjg f^tatc ; and if, after such survey, the said absence from 
said tax books be found to exist, to cause the said lands to be 
placed upon the tax duplicate in the owner's name, if known, or 
in the name of " Unknown,'' if the o^vner's name be not known, 
charged and taxed with the entire costs of the survey and inves- 
tigation, and fifty per cent, penalty additional thereto, and with 
the taxes for five years immediately preceding, and collecting the 
same under existing law for collection of taxes. County Trea- 
surer shall pay to the Sinking Fund Commission said costs of 
survey and said fifty per cent, penalty additional thereto from 
amount collected and apply the residue as provided by law. 
This provision shall be by the Sinking Fund Commission applied 
to such extent and in such cases as they may deem most advan- 
tageous to the State. 
Poweroisecre- Scc. 355. It shall be lawful for the Secretary of State, aa 
to forfeited agent of the Commissioners of the Sinking Fund, or for his 
~1893, xx7^82. authorized agent, to prepare a statement of the simple taxes, 
with fifteen per cent, penalty thereon, for each and every levy 
which to him or his agent appears past due and unpaid upon any 
parcel of land which appears to him to be upon the forfeited 
land list as forfeited prior to December 24th, 1887 ; and also 
upon any parcel of land not subject to the operation of the pro- 
visions of the preceding Section upon which any levy made by the 
Legislature appears past due and unpaid for eight months ; that 
the calculation of taxes due shall be made at such valuation as 
the Secretary of State may deem just and equitable. 



OF SOUTH CAROLINA. 130 

A.D. IHiil. 

Sec. 356. 'lilt' Si'crctarv of .StiitesliJilI tlicii, Ity liiiiiscir or Ills ■ 

liycllt, t'lltlT upon tllO luiuls illld pcrsoilllllv aervc! a C01)V of silcll Kntry nnrlfl.-- 
•^ ' ' ' '' * '' iiisii)'! for i>uy- 

stateinont of dues, with a demand fori):ivineiit of same, toffotlicr ""••••t: ixwiintf 

^ '' ' r> ,.,,|,y m,,i put)l|. 

with (he necessary mileage, advertisement and other costs and <•'"'"" "f""i'''': 
cliar<i^es accrued thereon. u))on anv i)erson whom h(^ finds in nos- "r •■xiM-ution: 
session of tlie land or any ])art thcreol; and if he fail to lind any ••ximmisch. ac^_ 
one in })OSsession of the land, or any ])aiM thci-cof, u]»oii siidi 
entry, he shall post a copy of such stati'inent and demand uj)on the 
premises, and shall serve such jKU'son or persons as to him or his 
agent appears to be the last owner with a copy of the said state- 
ment and demand, if such OAvncr or party in interest he a resi- 
dent of the County in which said land is located, otherwise he 
shall, for three consecutive weeks, insert in some paper published 
in the County, or having a circulation therein, an advertisement, 
briefly describing the land, with the total amount due thereon, 
together with the mileage, advertisement and other costs, and a 
demand for the payment of the same within three weeks from 
the date of the first insertion, under pain of distress and sale of the 
land to satisfy said demand, with costs. If payment in gold, silver 
or paper, national currency of the United States, be not made 
within three weeks from the date of personal service, posting, or 
first insertion of advertisement, as above provided, then it shall be 
lawful at any time thereafter for the Secretary of State, as agent 
of the Commissioners of the Sinking Fund, to issue in the name 
of the State a warrant or execution in duplicate against the said 
land upon which said taxes, penalties, costs and charges are due, 
signed by him in his oflficial capacity, directed to the Sheriff of the 
County in which said land is situated, or to his lawful deputy, re- 
quiring and commanding him to levy the same, by distress and 
sale of all of the said land in default, to satisfy the taxes, State, 
school, County or other special levies, penalties, costs and charges 
against the property in the statement, together with the Sheriff's 
fees and costs, which warrant or execution shall run substantially 

in these words, (filling the blank to suit each case) viz.: 

, Secretary of State, as ex officio agent of the 

Commissioners of the Sinking Fund, to Sheriff of 

County, or to his lawful deputy : Whereas it a]ipears that that 

lot or parcel of land described as acres, 

more or less, situated in Township and 

County, bounded by lands of 

is in default for taxes, penalties and costs to the 

amount oi ^ .as will more fully apjiear by the attached 



140 CIVIL STATUTE LAWS 

A. D. 1804. " 

statement and demand, and by the return of the Secretary of 
State or his agent endorsed tliereon, as to the service, posting or 
advertisement of same as law requires, and the neglect of owner 
or person in interest to pay tlie above charges : These are, there- 
fore, in the name of the State, strictly to charge and command 
you to levy by distress and sale of the said land the sum of .... 

dollars, together with 

dollars, tlie penalties, costs and charges tliereof, 

and for so doing this shall be your sufficient warrant, (jiven 

under my hand and seal this day of 

A. D. 18 



Secretary of State and ex officio Agent of the 

Commissioners of the Sinking Fund. 
For every such statement and demand prepared, and so per- 
sonally served or advertised, by the Secretary of State, there may 
be collected for the Commissioners of the Sinking Fund, to be 
used for the benefit of the State, not more than three dollars, 
five cents per mile for every mile actually traveled, in entering 
npon the premises, or service of the statement of dues and de- 
mand in going and returning, and not more than one dollar for 
advertising, and for every warrant issued by the Secretary of 
Scate not more than two dollars. And the Sheriff shall take out 
of said land in default the following fees in the execution of his 
office : For serving warrant, one dollar, besides mileage at the 
rate of five cents for each mile actually traveled in executing the 
warrant ; for advertising sale, twenty-five cents ; for making sale 
and executing deed, three dollars ; and for all sums levied as 
the simple taxes, as aforesaid, five per cent.: Provided, The 
' printer's charges for advertising shall not exceed fifty cents for 

each tract of land levied on under execution ; and the Sheriff is 
prohibited from demanding or collecting any greater sum there- 
for than is hereby allowed, nor shall he receive fees upon nulla 
bona returns, nor from any other source than from the particular 
parcel upon which the particular fees, costs and charges accrue. 
Payment of Scc. 357. Under and by virtue of said warrant or execution 
tary^of^ltote^ the Sheriff shall seize and take exclusive possession of said land 
fundfng°after in default, and, after due advertisement, sell the same before the 
tosink'iJrK Fund court house door of the County on a regular sales day. and 
M8ete"orsiate : within the usual hours for public sales, for cash ; make title there- 
^ ^ih^^ — ^^^ ^^ ^^^ purchaser camplying with terms of sale, and annex 
to said title ths duplicate warrant, with endorsement thereunder^ 



OF SOUTH CAROLINA. 141 

A. D. 1804. 



j)iii the piircliiiscr in possession of tlu) property sold and r<in- 
vcvod, and. nfivr d(.'(liicting from proceeds of sale the annnuit of 
taxes, penalties, (3osts and charges, shall pay over to the former 
owner, or to the parties in legal interest, as their interest may 
aj)pear npon cMinclnsive proof thereof, the snrphis, if any there 
be, and shall pay to the Secretary f)f State, as agent of the Com- 
missioners of the Sinking Fund, within ninety days from date 
when the execution was placed in his hands, all the taxes, penal- 
ties, costs and charges other than the Sheriff's costs for levy, 
advertisement and sale : Provided, That if the surplus be not 
paid over by the Sheriff within six months to the former owner 
of the land, or to the party formerly of legal orerpiitable interest 
in the land, upon conclusive proof to the Sheriff of such owner- 
ship or legal interest, then, at the expiration of the said six 
months, it shall be the duty of the Sheriff to pay over said sur- 
plus to the Secretary of State, with an accompanying statement, 
certified to by him officially, fully describing the laud from which 
the particular surplus was derived, and shoAving clearly the 
amount for which said land was sold, the amount of costs and 
charges disbursed therefrom by him, and the surplus remaining 
and thereby paid over ; said surplus shall be, by the Secretary of 
State, turned over to the Treasurer of tho Sinking Fund, with 
the said accompanying statement, and be held by liim five years 
from date of sale, subject to the order of the Board of Commis- 
sioners of the Sinking Fund, for the refunding of the same to 
any person or persons conclusively proving to the said Board that 
they are entitled to said surplus, or any part thereof, on account 
of their former ownership or legal interest. And that any sur- 
plus not so refunded within five years shall be passed to the gen- 
eral Sinking Fund of the State. In case there be no bid equal 
in amount to the taxes named in said warrant or execution, the 
County Auditor shall buy the laud for the Commissioners of the 
Sinking Fund as the actual purchaser thereof for the amount of 
said taxes, costs, penalties and charges, and the Sheriff shall 
thereupon execute titles to the said Commissioners of the Sink- 
ing Fund as to any other purchaser and in the manuer above 
provided, and shall put them or their authorized agent in pos- 
session of the premises, upon the })ayment to him by the Com- 
missioners of the Sinking Fund the costs and fees above pro- 
vided for the Sheriff. The land so sold and purchased and 
delivered to the said Commissioners of the Sinking Fund shall 
be treated by them as assets of the State in their charge, and by 



U2 CIVIL STATUTE LAWS 

A. D. U»l. 

" Y ' thorn sold at such time, in such manner and upon such terms as 

by thc'iii shall Ijc deemed most advantageous to the State, 
petitiou by Ssc. 358. In ^'-^^0 iiiiv owuer or person having any interest in 
trsinVingFimd tmv parcel of such land alleged to be in default by the Secretary 
sta>"of"\vurnint; of State as aforesaid shall allege that the taxes have been paid, 
Swaiu'^iTa^ua- ^^^ cau and may, before the issuing of the warrant to the Sheriff, 
y?" ! '^"^"^ set forth his alleged grievance, by petition in writing, accom- 
panied with such evidence in writing as he may desire to submit 
to the Secretary of State, whose duty it shall be to pass upon 
the same; and if the petitioner shall be dissatisfied with the 
ruling of the Secretary of State, he shall have the right of ap- 
peal to the Board of Commissioners of the Sinking Fund, who 
are authorized to hear and pass final judgment upon such ap- 
peal, provided the appealing petitioner, within twenty days after 
notice of the ruling of the Secretary of State, file with the Sec- 
retary of State a written aj^peal to the said Board, with all papers 
in the case, and pending the decision of said Board on such ap- 
peal there shall be a stay of the issuing of the warrant to the 
Sheriff : Provided, That if before the issuing of the execution 
by the Secretary of State to the Sheriff, any owner or person in- 
terested in the land shall personally file with the Secretary of 
State, or with his agent, notice that he deems the valuation fixed 
by the Secretary of State as excessive, and that he desires the 
Township Board of Assessors to value the property, then it shall 
be the duty of the Secretary of State, or his agent, to call upon 
the said Township Board of Assessors for the township in which 
the land is located to certify to him a valuation of the said land, 
with improvements thereon, under pain of any member being 
removed from office and being fined five dollars by any Trial 
Justice (one-half of said fine for the benefit of the Commission- 
ers of the Sinking Fund and one-half for the person demanding 
the valuation) who shall fail to certify a valuation within one 
week, and such valuation by the members of the said Board of 
Assessors, or a majority of them, shall be final and conclusive 
without right of appeal therefrom: And jirorided, furflter, If 
the said owner or persons interested do not appear and person- 
ally serve, in writing, the Secretary of State, or his agent, with 
such personal notice of appeal to the Township Board of As- 
sessors, they shall be ever afterwards barred from any appeal 
whatever from the valuation placed upon the land by the Secre- 
tary of State or his agent. 



OF SOUTH CAROLINA. 143 

" ~ A. D. I8;u. 

Sec. 359. ''lit' riiiiiiic <ir thf la\ (lui)lir;it(! to show Ihu pay- ■' ' 

meat of any levy or part Ihureof iiiado by the (.luneral Assembly . Tax <iupiirate 
shall in all Courts in this State be received as ])riina /"^c/e evi-/"';''' ••vid<n<w; 
deiice of the non-payment of such levy or part thereof, and of nmi f..r haie; 

, . ■ 1 p 11- L\ ri'tnittlng evl- 

the existence of the State s prior and preferred hen uj)on the dence; 

land to secure the payment of such levy or part tiiereof, with ^^" ' 
such penalties and costs as may have accrued thereon, and as a 
sufficient warrant for the execution and sale herein provided, and 
that no rebutting evidence sliail be in any proceeding in this 
State admitted except the j)roductii)n of the tax receipt signed 
by the County Treasurer, or a receipt or certificate signed by the 
Secretary of State or his agent, showing that said levy, or part 
thereof, or any penalties and costs that may have accrued thereon, 
were paid at the proper time and to the person authorized by law 
to receive it: Provided, further. That such receipt or certificate 
of payment shall be evidence only as to the particular levy to 
which it refers, and shall not aifect any other levy, or changes or 
action thereunder. 

Sec. 360. In all cases of sale the Sheriff's deed of convey- shenrs deed 
aucc, whether executed to a private person, a corporation, or to /dence fTimila- 
the Commissioners of the Sinking Fund, shall be held and taken ne^eMarTev"- 

VL% prima facie evidence of good title in the holder, and that all ^?H£i__ 

proceedings have been regular and all requirements of the law 
have been complied with. No action for the recovery of land 
sold by the Sheriff under the foregoing provisions or for the 
recovery of the possession thereof shall be maintained unless 
brought within one year from the date of sale, and unless it be 
sustained by conclusive evidence from the tax duplicates, or from 
a tax receipt signed by the County Treasurer, or by a certificate 
signed by the Secretary of State or his agent showing that all of 
the taxes and levies for which tlie land Avas sold, with the costs 
that may have accrued thereon, were paid prior to tlie sale, at 
the proper time and to the ])ro|)erly authorized officials. 

Sec. 361. The remedy afforded l)y the provisions set forth cuimiintive 
in the preceding six Sections is additional to existing remedies, o^r'exisUn^K 
and the Commissioners of the Sinking Fund shall always have "^;t— „- — 

iO., 87. 

the choice of remedies and the right to abandon either remedy 
at any stage of i)roceedings and adopt any other existing remedy. 
That the provisions of the six preceding Sections may be applied 
to cases already in suit as Avell as to other cases. 




CIVIL STATUTE LAWS 



ARTICLE 5. 



Annual Settlements of County Treasurers. 



8kc. 



3G2. Settlement of Auditor with Trea- 
surer ; when and how made. 

.%.■!. Treasurer's remedy when rharg«d 
with tax not In fart paid. 

3&1. Auditor notlUes County and School 
Cummlssloners o( day of settlement ; 
their attendance, and what they must 
produce. 

365. Auditor notlfles foreman of Grand 
Jury and Comptroller to bo present 
to witness settlement. 



Sec. 



866. Day fixed for settlement. 

SU7. Settlement sheets sl^ed In dupli- 
cate ; by whom and where Bled. 

8C8. Comptroller furnishes copies of re- 
ports to County officials. 

809. Irregularities, Ac, reported to Court 
of Sessions ; by whom. 

370. Comptroller prescribes system of 
bookkeeping and examines books. 



Settlement of Section 362. {^49, 272.) Each County Auditor shall attend 
Treaiurenwhen '"^^ ^'-^ otiice on or before the first day of May annually, or at 
^iL'^^^xTyf ^^^ other time the Comptroller-General may direct, to make 
^' 1020 ; 1887^ settlement with the Treasurer of his County and ascertain the 
amount of taxes, penalties and assessments collected by such 
Treasurer and the amount with which he is to stand charged on 
account thereof and on account of each fund for which a levy 
was made on the duplicates. The Auditor shall take from the 
duplicate previously put into the hands of the Treasurer for 
collection a list of all such taxes, assessments and penalties as 
such Treasurer has been unable to collect, describing the prop- 
erty as described on the duplicate, and shall note thereon in a 
marginal column the several reasons assigned b}' the Treasurer 
"why such taxes or other charges could not be collected, which 
list shall be denominated the delinquent list, and shall be signed 
and sworn to by the Treasurer, before said Auditor, who shall 
record the same in a book to be provided for the purpose and 
transmit an abstract thereof to the Comptroller-General ; and 
in making such list, the delinquencies in each district, city, 
village and town shall be stated separately. And after deduct- 
ing the amount of taxes, assessments and penalties so returned 
delinquent, the Treasurer shall stand charged with the remain- 
der of the taxes, assessments and penalties charged on the du- 
plicate : Provided, however, That only the following causes shall 
be assigned by the Treasurer on said delinquent list for not col- 
lecting any tax, penalty or assessment, to wit : 

1. Sheriff's return to execution issued, that no sufficient prop- 
erty of the party charged therewith could be found, out of which 
to make the same. 



OF SOUTH CAROLINA. 145 

A. D. 18W. 

'i. 'I'liiit jirupcrtv was fiuiiid, hut. fur want of bidders, wa.s ^ ' 

S(tlil and (Mjnvt'vud to the Siiikini,' I''ini(l Coiniiiission Ijy the 
.SherilT, j)ursiiaiit to hiw. 

3. Execution issued a?id in the hands of the SherifT. 

4. That such taxes, assess tiiunts and penalties were enjoined 
by a competent Court. 

Sec. 363. {^7:2.) If, in making such settlement, the Trea- Treasurer'* 
surer shall stand charged with any tax, assessment or penalty, charged with 
which in fact was not paid i)rior thereto, he may at any time puiu. 
while remaining in office collect the same by distress and sale of lo-'ol^g a^.^ ""' 
property, as in other cases of delinquent taxes, or by action in 
his own name, as for money paid for the use of the party or 
parties charged with or bound to pay said tax, penalty or assess- 
ment, and after going out of office he may maintain an action 
in his own name, as aforesaid, for the collection of such tax, 
penalty <»r assessment. 

Sec. 364. When the County Treasurers of the several Coun- Aufiitor noti- 

. •' fles County Su- 

ties shall have disbursed all the County and school funds of Pfrvisors of 

,,,1 1 T, !!• Road sand 

each fiscal year, and are ready to make their settlements with schwi commis- 
their resj^ective County Auditors for the County and school sett lement ; 
taxes charged against them upon the Treasurer's tax duplicates, ana what they 

they shall so notify the County Auditors, whereui)on the County &c. ^ 

Auditors shall notify the County Supervisors of Eoads and School § o^^i'slif xIl; 
Commissioners of their respective Counties of the day of such^^'®'* 
settlement ; and the said County Supervisors of Roads and School 
Commissioners are hereby required to produce, in the office of 
the Auditor of their respective Counties, the claims allowed and 
ordered paid by them, and vouch thereby each amount presented 
by the County Treasurer for a credit in his settlement with the 
Auditor for the amount of County and school taxes which are 
charged against him on the Treasurer's duplicate for each year. 

Sec. 365. It shall be the duty of the Auditor of each County Auditor noti- 
to notify the foreman of the Grand Jury thereof and the unmd juryliiid 
Comptroller-General of the day upon which said settlement h'^'preslnt'^t^ 
is to be made, and the Comptroller-General, or some one duly nienu* ^^*"*' 
authorized by him, and the foreman of the Grand Jury of each issii. xx., 349, 
County are hereby required to be present and witness said set- 
tlements. 

Sec. 366. The day fixed for the settlement provided for in Day n.\ed for 
two next preceding Sections shall be on or before the 1st day of ^"^j^j^^'^j^'-gjQ- 
May, or as soon thereafter as the Comptroller-General may *J',= ]^''~' ^^^^ 
appoint. 

10— I 



14G 



CIVIL STATUTE LAWS 



A. D. ISiM. 

* '' ' Sec. 367. \^ lien said settlements shall have been completed. 

shet'te sipned iii tbc Settlement sheets shall be signed by the County Supervisors of 
w"honiVa'ud Roads and County Treasurers, tbe County School Commissioners 
^f^*' x x^ 349 ^^^ County Treasurers, in duplicate and certified by the County 
48i' /f*"^' ^^'" -^u^itor ; one copy of which shall be filed in the County Audi- 
tor's office and the other mailed to the (.'omptroller-General, to 
be by him reported to the General Assembly. 
Comptroller Sec. 368. It shall be the duty of the Comptroller-General to 

furnishes copies ., , ^i-rii. j. • ■ i-i.ii j. 

of reports to mail each year a copy or his Keport containing such settlement 
"Tet^o^xx'^-Mii" ^^ *^® Clerk of the Court, County Supervisors of Roads, School 
4si' sN*''^' ^^^'' Commissioners and County Auditors of each County of the State, 

to be filed and kept by said officers in their several offices. 

Irregularities, Sec. 369. If in the making of said settlement there shall be 

Court o f s e s- discovered any irregularities or violations of law by any of said 

^^1^9 XX »49 officers, the Comjfjtroller-General and the foreman of the Grand 

*^- Jury shall report the same to the Court of General Sessions of 

the County where such irregularities or violations of law shall 

have been discovered. 



Comptro] 1 e r 
prescribes sys- 
tem of b o k- 
keeping and ex- 
amines books. 
T893,XXI.,481, 
§1. 



Sec. 370. The Comptroller-General shall prescribe the system 
of bookkeeping to be used in the offices of County Supervisors of 
Roads, School Commissioners, County Treasurers and County 
Auditors of the State, so that the same shall be uniform, and in 
making his visit to witness the settlements herein required he 
shall examine the books of the said several offices and report the 
results of his examination to the General Assembly. 



ARTICLE 6. 
Forfeited axd Abandoned Lands — Special Provisions. 



Sec. 



371. The State renounces title to lands 
forfeited ; reservation as to taxes on. 

372. Sinlilng Fund Commission may hear 
and grant petitions for relief in cer- 
tain cases. 



Sec. 

SZi. Lien of State for taxes on said land ; 
how enforced. 

374. Sinking Fund Commission may have 
surveys made of abandoned lands 
and restore siime to tax books. 



The State re- Sectioil 371. The State of South Carolina hereby renounces 

ilncS'^forfeiLd; '^^^ ^^^^^ ^^3' f<^i'feitnre for non-payment of taxes to each and 

trtaxwon '^ ^ every parcel of land in the several Counties of the State listed on 

1837, XIX., 8&4^ the forfeited land record on the twenty-fourth day of December, 

1887, and will treat them hereafter as the lands of the former 

owners, their heirs or assigns. But this renunciation of title is 



OP SOUTH CAROr.IXA. 147 

"" ~' A. D. lH»i. 

uj)()n tlio roserviitioii and coiulit ion that tlie State iiiav hereafter ^-""^v""^ 
collect by suit jit law, or (jther legal meth<Kl, from said lands a 
sum equal to the agg^regate amount of all annual assessments 
for taxes, with the jjenalties that miglit and would have been 
assessed and cliarged against the said lands if the same had never 
been declared delinquent and forfeiteti ; and the retention of the 
possession and use of said land for ninety days after the date 
hereinbefore metitioned by said former owners, respectively, their 
heirs or assigns, shall be deemed sufficient evidence of their 
acquiescence in and acceptance of said reservation and fondition. 

Sec. 372. The Sinking Fund Commission is authorized to sinkJni? Fund 
hear and determine upon satisfactory jiroof the petition of any ^a" "hear^a n d 
taxpayer praying relief on the ground that all taxes as described nl^reiii'nn cer- 
in the last Section have been paid, or that portion of such taxes ^'°<^«*- 

•^ ^ I h., olio, 8 ; 

have been paid, and an offer to pay the balance, accompanied by i888,xx..52,83. 
the sum admitted to be owing, and the Commissioners shall grant 
such relief in the premises as shall be just. 

Sec. 373. To secure the entire debt due the State for prior Lien of stato 
taxes or other dues accrued to the State to and including the |andf^o\v^"* 



forced. 



en- 



levy of 1886, or for any other purpose whatsoever, and for the j^.^ ^^ ^^,, 
levy of 1887, and for all subsequent levies, as they may have ac- l^^!\^";lx' 
crued or shall accrue upon each parcel of said land, and the costs •''2, '§3. 
and penalties due thereon, the State shall have a prior and pre- 
ferred lien upon said land, to be enforced and asserted in any 
Court of competent jurisdiction by the Commissioners of the 
Sinking Fund, in such cases, at such time, and to such extent, 
as they may deem most advantageous to the interests of the State. 
The proceeds of any sale ordered by the Court in such suit shall 
be applied first to the payment of the Sinking Fund Commission 
of the taxes, costs and penalties charged against the property, 
and next to the payment of the taxed costs in the suit and ex- 
penses of sale, and the surplus, if any there be, shall be paid 
over to the former owners or parties in interest as their interest 
may ai)pear. 

Sec. 374. The Commissionersof the Sinking Fund are author- smkinp Fund 
ized to have surveyed any lands that they are informed or may imve^ sur- 
believe have been continuously for ten or more immediately ]ire- n imi nJ"" ne*d 
ceding years upon neither the tax duplicate or forfeited land list iu"^'*' .^me ^^ 
of this State ; and if after such survey the said absence from said *"'is^xx*348' 
tax books be found to exist, to cause the said land to be jilaeed 
upon the tax du})licate in the owner's name if known, or in the 
name of *' Unknown " if the owner's name be not known, eharffed 



148 



CIVIL STATUTE LAWS 



A. D. 1894. 



and taxed with tlie entire costs of the survey and investigation, 
and fifty per cent, penalty additional tliereto, and with the taxes 
for five years immediately preceding, and collecting the sjime 
under existing law fur collection of taxes. County Treasurer 
shall pay to the Sinking Fund Cotnmission said costs of survey 
and said fifty per cent, penalty additional thereto from amount 
collected, and apply the residue as provided by law. The pro- 
visions of this Section shall by said Commission be ai)plied to 
such extent and in such cases as they may deem most advantage- 
ous to the State. 



TITLE IV. 

CHAPTER XVI. 

Of the Militia. 

Aeticle 1. General provisions. 

Article 2. The Adjutant and Inspector-General. 

Article 3. Organization, election of officers, &c. 

Article 4. The Fourth Brigade. 

Article 5. Arms, parade, drills, &.c. 

Article 6. Courts Martial and Courts of Inquiry. 



ARTICLE 1. 
General Provisions. 



Sec. 

375. 



376. 
877. 



378. 



379. 



SEC. 

Who subject to military duty ; wbo 381. 

exempt. I 

The Staff of the Governor. 383. 

Of what the organized militia shall 383. 

consist. 384. 
Volunteer Troops and National 

Guard to be kept separate ; how 385. 

commanded when in active service. 386. 

Number of companies limited. 3(S7. 

Term of sen'lce; discharges, when 388. 

and how granted. | 



Muster-in rolls ; bow made and dis- 
posed of. 

When and how ofllcers may resiam. 
Militia, when subject to active duty. 
When in active service, how organ- 
ized, governed and paid. 
Uniform of Volunteer Troops. 
Compensatiun to certain companies. 
Huw paid. 

Reserve militia ; Governor may or- 
ganize into companies. 



Who subject Section 375. {r^^l.) All able-bodied male citizens between 
wh" mS^ the ages of eighteen and forty-five years residing in this State, 
^8^^ xviL. ^j^^ jjQ^ exempted by the laws of the United States, shall be 



OF SOT'TII CAKOIJXA. 




subject to military duty, and shall constitute the militia of this 
State, exfcptiuf^ : 

1st. All persons in tlie unny or navy or volunteer forces of the 
United States. 

"-id. Reijularly ordained or licensed ministers of the gospel. 

.■3d. The Lieuteuant-Goveruor, members and oHicers of the 
General Assembly, the Secretary of State, Attorney-General, 
Comptroller-rieneral, Commissioner of Agriculture, Sui)erin- 
tendeat of Education, State Treasurer, and clerks and employees 
in their offices, Judicial officers of the State, including Justices 
of the Peace. Trial Justices, Clerks of the Court of Common 
Pleas, Sherilfs, Coroners, Constables, civil officers of the United 
States, ferrymen employed at any ferry on a post road, and mil- 
lers. 

4th. All persons entertaining conscientious scruples against 
bearing arms, practicing physicians, professors, teachers, and 
students in colleges, academies and common schools. 

5th. Commissioned officers who shall have served as such in 
the militia of this State, or of any one of the United States, for 
the space of seven years, and by resignation after such term of 
service, duly accepted, or in some other lawful manner, shall 
have been honorably discharged. 

0th. Idiots, lunatics, paupers, and persons convicted of infa- 
mous crimes. 

Ferrymen defined. — State v. Clarke, 2 McC, 47. As to aliens. — Ansley v. 
Tiiinnennan, 8 McC, .329. 

Sec. 376. (--^-J^/'.) The Military Staff of the Governor shall The stair of 

. «■•>'• V / w the Governor. _ 

consist of : ib., m, §i6; 

The Adjutant and Inspector-General, with the rank of Briga- -^^ "'•••'■ 
dier-General ; also one Chief of Ordnance, one Chief Engineer, 
one .Judge Advocate-General, one Quartermaster-General, one 
Commissary-General, one Surgeon-General, one Paymaster-Gen- 
eral — all of whom shall rank as Colonel ; and as many Aides-de- 
Camp. not exceeding seven, with the rank of Lieutenant-Colonel, 
as the (Jovernor may deem necessary : Provided, That in time 
of peace the duties of Chief of Ordnance and Quartermaster- 
General sliall devolve upon the Adjutant and Inspector-(Jeneral. 

Ssc. 377. (•^~~.) The organized militia of this State shall at what the 
consist of the Volunteer Troops, composed of companies of white u^han wn"'i"' 
persons, and the National (Juard, coniijosed of enmpatiies "^ u^**!?:.' ^ ^ "• 
colored persons, the service in each being voluntary. They shall 
be organized, respectively, into such divisions, brigades, regi- 



150 CIVIL STATUTE LAWS 

A. D. 1894. 

' Y ' ments, and battalions, and, in addition thereto, such batteries 

of light artillery, and troops and squadrons of cavalry, as the 

Commander-in-Chief may deem expedient ; and nothing herein 

contained shall be so construed as to interfere with the power of 

the Commander-in-Chief, in case of war or insurrection, or of 

imminent danger thereof, to order drafts of the militia, and to 

form new battalions, regiments, brigades, or divisions, as he may 

deem just and proper. 

Volunteer Sec, 378. (^-5.) The organized militia, known as Volunteer 

Nationai GuS^ Troops and National Guard, shall be kept separate, and for all 

ratel'howcom- purposes of parade, drills, musters, and encampments, they shall 

in''a«uve^s''e\° ^"^^ ^® paraded together. In the event, however, of war, riot, or 

Y}^^ insurrection, or imminent danger thereof, where it may be neces- 

sary to call into active service both the Volunteer Troops and the 
National Guard, the comijanies, regiments and brigades thereof 
shall be under the command of the senior officer of the Volun- 
teer Troops then present. 
Number of Sec. 379. {-^^4-) The total number of companies of the Volun- 
fSd.^'^'^*^ "™" teer Troops and the National Guard shall not exceed one hun- 
xvm i-" tz' ^^^^- ^^ ^'^^® ^^ ^^^® disbandment of any company, its place 
may be supplied on application to the Adjutant and Inspector- 
General, the nearest Division Commander of Volunteer Troops 
and the Governor approving. 
Term of ser- Sgc. 380. {o3S.') All officers and privates of the organized 
chai^^! when militia shall be held to service in theii- several companies, bat- 
andhow grant- talions, regiments, brigades, and divisions, until their resignations 
1882, XVII., shall have been accepted, or they shall have been regularly dis- 
charged. No discharge shall be granted until after one year's 
service, unless for good cause, approved by the battalion com- 
mander, or, in case of unattached companies, by the brigade 
commander ; and no member of any company shall be discharged 
from service until he has obtained the certificate of the com- 
manding officer of his company that he has turned over, or satis- 
factorily accounted for, all property issued and charged to him. 
Discharges shall be signed by company commanders and approved 
by battalion and brigade commanders. 
Miister-in rolls; Sec. 381. {339.) Muster-iu I'oUs shall be made in triplicate, 
dteposed*^of.^*^ one of which shall be retained at headquartei's of the regiment. 
"ibT, 690, gi8. The original shall be forwarded to the office of the Adjutant and 
Inspector-General Avithin ten days from any muster of men, and 
one roll shall be retained by the company commander. 



OF SOUTH CAROLINA. 151 

■ " ~~ A. D. 1W)4. 

Sec 382 ('^4^^-) Anv officer desiriii'r to resi<ni liis coinmis- ' 

ocu. WW*,. V ; ' : • 1 11 1- 1 • When and how 

sion and be discharged from the service «hall express his desire oflict-n* may re- 
in writing, and transmit the same to the Commander-in-Chief //)., gio. — 
immediately, through and by all intermediate commanders, who 
will endorse thereon their recommendation in the case, and the 
resignation shall go into effect when accepted by the Commander- 
in-Chief, and not before ; but no officer shall be permitted to 
resign his commission while under arrest or under charges, nor 
until he has accounted for and delivered to the proper officer all 
money, records, arms, accoutrements and other military property 
belonging to the State in his possession. 

Sec. 383. (•!-':>.) The militia shall not be subject to active MUitia, when 
duty except in case of war, or for preventing, repelling or sup- duty!^*^"'* 
pressing invasion, insurrection or riot, or of aiding civil officers ^*^' xvii., 
in the execution of the laws, in which cases the Commander-in- 
Chief shall order out for active service, by draft or otherwise, as 
many of the militia as necessity demands. 

How draft to be made.— .Sto^e v. Leivis, 3 Hill, 310. As to substitutes. — 
State V. Wakeley, 2 N. & McC, 412. 

Sec. 384. {S26.) When the militia are ordered out, or have when in active 
volunteered for and while they are in active service, as heretofore organized', gov- 
specified, they shall be organized by the Commander-in-Chief -^^''go'^ i^| 
into companies, regiments, brigades and divisions, and proper xvm., 456, «i. 
officers appointed therefor. They shall be subject to the same 
rules and articles of war as troops of the United States, and dur- 
ing their term of service be entitled to the same pay, rations and 
allowances for clothing as are, or may be, established by law for 
the army of the United States. 

When called upon as a military organization to aid any civil 
officer in the execution of the laws or preservation of the peace, 
each member of the militia so engaged shall receive the sum of 
one dollar and fifty cents per day, to be drawn from the State 
Treasury by the Adjutant and Inspector-General on a warrant 
drawn by the Comptroller-General, and disbursed by the Pay- 
master of the regiment or Captain of any company not attached 
to a regiment. 

Sec. 385. The uniform prescribed by the Commission ap- uniform of 

V ol untc^pr 

pointed under Section 4 of the Act entitled *'An Act to amend Troops, 
the Militia Laws of the State," approved December "i'l, '^^^'^, ^^\^J^',\ 
shall be the regulation uniform to be worn by the commissioned *'-■ ^■-• 
and non-commissioned officers and privates of the State Volun- 
teer Troops. But the Adjutant and Inspector-General may 



152 CIVIL STATUTE LAWS 

A. D. 1804. 

' ^^ ' authorize and permit any company or companies to be uniformed 

in the roo^uhition unifonn of the United States army. 
Compensation Sec. 386. Each Company tliat shall have maintained its or- 

to certain com- •,• l ,^ , ' ^ -iii i. i ^i 

panit's. ganizatioii up to the standard required by law for twelve months 

457!^': f 88 9,' preceding the first day of October in any year shall be entitled 
XX., 282, 83. ^Q receive from the State Treasury an amount equal to four dol- 
lars for each member of such company who appeared properly 
uniformed at the annual parade of the company for inspection 
by the Adjutant and Inspector-General. No company shall be 
deemed to have maintained its organization, or to be entitled 
to share in the distribution of the State appropriation, which 
has not fully complied with the requirement that infantry com- 
panies must drill for one hour at least twelve times a year ; 
cavalry companies four times a year ; and artillery companies 
six times a year ; at each of which drills there must be present 
at least sixteen men. Keports of said drills must be made by 
the commanding oflficers to the Adjutant and Inspector-General 
at the annual inspection and be attested by the oath of such 
commanding officers and the First Sergeants of companies. 

Ho w paid. Sec. 387. Such amount shall be paid on the warrant of the 

457!^';^8"V ^'omptrollcr-General, drawn in favor of the Captain or command- 
XX., 283, §4. jjjg officer of such company, upon the certificate of the Adjutant 
and Inspector-General showing that such company has for twelve 
months preceding the first day of October of the then current 
year maintained its organization as aforesaid, and showing the 
number of officers and men paraded by the company for inspec- 
tion as hereinbefore provided, and naming the commanding 
officer entitled to receive the warrant as aforesaid : Provided, 
That if the aggregate number of the militia so inspected in all 
the companies of the State shall exceed three thousand five hun- 
dred, each company numbering thirty or more officers and men, 
inspected as aforesaid, shall receive one hundred and twenty 
dollars, and such additional amount as it shall be entitled to by 
apportioning the sum of two thousand dollars among all the 
officers and men in the militia companies of the State exceeding 
thirty in each company. And it shall be the duty of the Adju- 
tant and Inspector-General, before issuing any certificate as 
hereinbefore provided, to file with the Comptroller-General a 
statement showing the total number of companies in the militia 
service of the State and the number of officers and men in each 
company paraded and inspected as hereinbefore provided. 
Such appropriation as is made in aid of the maintenance of 



OF SOUTH CAROLINA. l-'iS 

' A. D. IWM. 



tho militia shall he paid hy the Adjutant and Inspector-General ' ' ' 
to tho commiuulers of compaiucs entitled thereto, whose receipts 
therefor shall he filed in his office as vouchers therefor. 

Spp 388 The Governor may organize into companies such of Reserve miii- 
the reserve mditia as in his iiid^Miient mav be nec-essarv where muy ..nmnize 
application for such organization may be applied tor in any j^.,. xx., saw. 
County ; and may also uniform, arm and equip them with such 
uniforms, arms and ef{uipTnents as may he at the disposal of the 
Adjutant and Inspector-(Jeneral and not needed for the active 
militia of the State ; but such companies shall not be entitled to 
any part of the approjiriation ])rovided for in the next preceding 
Section. 



ARTICLE 2. 
The Adjutant and Inspector-General. 



8kc. i Sec 



389. How and when ele<'ted ; term of of- 
Oce ; pay and rank of. 

390. Vacancy in office of, how flUed. 

391. Reports of, to Commander-in-Chief. 



395. Appoints Ordnance Sergeant ; salary 
and duties of. 

396. May purchase materials for repair of 
arms, 4c. 



89-J. Duties of. 307. May lend amis to military schools. 

393. Appoints clerk ; salary of. 39S. Prepares and distributes forms, copies 

394. Appoints Armorer; salary and duties i of militia law, &c. 

of. 399. How company and regimental return 

I made to. 

Section 389. (e^-7.) There shall be an Adjutant and In- Howandwhen 
8pector-(ieneral elected by the qualified electors of this State, oiBce, pay and 
at the same time and in the same manner, and for the same ^"3^5^ -j y fy; 
term of office as the other State officers. His compensation shall ^^^^ ^'^j/ ^^^' 
be twelve hundred dollars per annum, and his rank Brigadier- 
General. 

Sec. 390. [328.) If a vacancy occur in the office of the Ad- vacancy in 

• , 1 r 1 n 1 i"^ 11 i- 1 J.1 • i.' oQlce of, how 

jiitanl and Inspector-General, whetiier from death, resignation, ane<\. 

disqualification or other cause, the Governor has the power to ■'^''•.88. 
appoint some suitable person, who, on being duly qualified ac- 
cording to law, shall be entitled to enter upon and hold the office 
for the unexpired term of the former incumbent, and shall be 
subject to all the duties and liabilities incident to the office, and 
receive the compensation provided by law for the Adjutant and 
Inspector-General during his term of service. 

1111 Report-i of, to 

Sec. 391. {329.) The Adjutant and Inspector-General shall commauder-in- 
report annually to the Commander-in-Chief : ~"/2>., tBTTwr" 



154 CIVIL STATUTE LAWS 

A. D. ISM. " 

^"^ — Y — ^ 1. A statement of all moneys received or disbursed by him 
since his last Annual Report. 

2. An account of all arms, ammunition and other military 
property belonging to the State, from what source received, to 
whom issued, and its present condition, so far an he may be in- 
formed. 

3. The number, condition and organization of the militia of 
the State. 

4. Any suggestions which he may deem of importance to the 
military interests and condition of the State and the perfection 
of its military organization. 

The said Annual Report shall be printed and laid before the 
Legislature for its information. 

The Commander-in-Chief may require special reports from the 
Adjutant-General at any time, upon any matter ccmnected with 
the duties of his office or with the military service of the State. 

jDuOra of. Sec. 392. (330.) It shall be his duty— 

687^i'o.'^^^^" 1- '^^ keep and preserve the arms, accoutrements, ammunition 
and other military property of the State. 

2. To keep on file in his office all rolls, returns and reports 
made to him. 

3. To authenticate with his official seal all papere issued from 
his office which by law may require authentication under such 
seal. 

4. To keep an account of all moneys received or disbursed by 
him. 

5. To issue all orders of the Commander-in-Chief relating to 
the militia, and to keep a record thereof. 

salary 'of^ ^'^''^' Sec. 393. {3S1. ) He shall appoint a clerk, whose salary shall 
xxf'/iV' ^^^^' ^® '^"^^ hundred dollars per annum. 

Aplwints Ar- Sec. 394. (333.) He shall appoint an Armorer, who shall 
morer; salary ^^i^g charge of the State Ai'morv and keep in order all the arms 

and dutie s of. o j r 

lb., 6«8, 812. and ammunition therein, and whose salary shall be five hundred 
dollars per annum. The Armorer sliall be required to work 
daily upon the public property in the State Arsenal or elsewhere, 
and shall be authorized to call for and obtain convict labor from 
the State Penitentiary to work at the said Arsejial whenever 
necessary, or to employ such labor at the Penitentiary in doing 
work on the State arms and equipments. The Adjutant and 
Inspector-General may order the Armorer to any part of the 
State where his service may be needed. 



OF SOUTH CAROLINA. 155 



A. D. vm. 

Sec. 395. {■^'>-L) llt'sliall also a|)|)i)iiil ail OidiiaiiceSergeant, •- ' 

who shall iissist the Armorer duriiit^ the work hours of the day, nunrrs4T(^i-unt; 

be responsible for the State pro})erty in the Ar.senal, and shall iu«or,*|^^ ^ 

keep an account of the same, and of all receipts and issues ; he ^*' 

shall 1)L' |)aid an annudl salary of three hundred dollars, and shall 
be allowed to employ a night watchman to assist him, at a salary 
of one hundred dollars per annum, to be paid by the State. 

Sec. 396. {^-^''i-) He. with the consent of the Governor, shall May purrhase 

, .1-i.i. 1 i.-i L e inatiTlals f<irre- 

liavc aulliunty to purchase any matcruil or parts of guns or pair of unns,4c, 
ci[iiii)inonts which may be necessary to repair any of the State ^''••^■''• 
arms or equipments rendered unserviceable l)y breakage or wear ; 
and all l)ills for such shall be paid by the State Treasurer, on 
the warrant of the Comptroller-General, out of any funds api)li- 
cable thereto ; and he may also sell or exchange any military 
property of the State for the purpose of obtaining other arms, 
equipments or munitions more suitable to the wants of the 
militia. 

Sec. 397. He may lend such arms and accoutrements as may May lend arms 
not be needed for the use of the militia to any school or college ^hoois." * * "^ '^ 
of the State whose pupils are instructed in military tactics, on g**^^^'^-'-'^*'' 
the trustees or teachers of the same entering into bond for their 
safe keeping and return. 

Sec. 398. {335.) It shall be his duty to have the necessary prepares and 
forms prepared, printed and distributed to the commissioned ^Jrnl9,''ooViU^of 
officers of the organized militia. He shall also have the militia '""'"" '''^^'" **"• 

ISSi, XVII. 

laws, and such forms, and so much of the rules and articles of tws, %u. 
war for the government of the United States Army as he may 
decide are appliea])le, published, and a copy thereof sent to each 
commissioned officer, which shall be held by him as property of 
the State and delivered to his successor in office. 

Sec. 399. {330.) On the fifteenth day of September in every how company 
year each commander of a company shall make a return to the returiS^made'to 
commandant of his regiment, with a muster roll of his com- ib., ns. 
mand, and the number of men enrolled thereon, and of all their 
arms, uniforms, equipments and aninuinition, and condition of 
same. The commandant of each regiment shall make like 
return thereof, with a roster of its commissioned officers, to the 
brigade commander, within fifteen days thereafter, who shall 
make like return for his brigade, with a roster of its commis- 
sioned officers, to the division commander, who shall make like 
return, with a roster of its commissioned officers, to the Adjutant 
and lns])ector-Gcncral at Columbia on or before the liftecnth 



156 



CIVIL STATUTE LAWS 



A. D. 18«4. 



(lay of October annually. In the event of there being no divi- 
sion commander, then the l)rigade commander will transmit his 
return directly to the Adjutant and Inspector-General. The 
Adjutant and Inspector-General may order from each company 
additional returns at any period he may deem exjiedient. Un- 
attached companies, regiments or battali(tns will report directly 
to the Adjutant and Inspector-General's office on or before the 
fifteenth day of October annually. 



ARTICLE 3. 
Organization — Elections of Officers, &c. 



Sec. 

400. 
401. 
402. 

40:3. 



405. 
406. 
407. 

408. 



409. 



410. 
411. 



412. 



Sec. 
Division ofiScers and staff. 41.3. 

Brigade oflBcers and staff. 
Regiments ; how composed ; oflacers 414. 
and staff. 415. 

Battalions ; how composed ; officers 
and staff. 416. 

Meaning of terms " company," " Fo- 
ment." j 417. 
Company of Infantry ; how composed. 418. 
Company of artillery ; how composed. 419. 
Company of cavalry ; how composed. 
If number of privates falls below i 420. 
minimum, no new officers to be 
elected. | 421. 
Annual Inspection ; when companies ' 
to be disbanded. 422. 
How company may adopt by-laws. 
Continuance of chartered rights re- 423. 
cognized; disbanded companies ex- 
cepted. 

United states Army r^iUatlons; to 
what extent adopted. 



Mllltia officers ; how appointed and 
commissioned ; pay of. 
How removed. 

Company officers. Volunteer Troops ; 
how elected. 

Field officers, Volunteer Troops ; how 
elected. 

How protests and contests settled. 
How officers take ran k. 
Staff officers ; by whom appointed ; 
term of office. 

Commissioned officers may adminis- 
ter oaths. 

Commanding officers may arrest any 
officer or private. 

Officers and privates ; when and how 
far exempt from arrest. 
Naval battalion constituted ; officers, 
their rank and pay ; other officers 
and their pay, &c. 



Division offi- 
cers and staff. 

ltW2, X 
690, §20. 



Brigade offi- 
cers and staff. 



/b.,§21, 



Section 400. (-j-^^-) There shall be to each division one 
'yiY Major-General, with the following staff : One Adjutant-General, 
one Inspector-General, one Ordnance Officer, one Judge Advo- 
cate, one Quartermaster, one Commis.sary, one Surgeon, all with 
the rank of Lieutenant-Colonel, and two Aides-de-Camp, with 
the rank of Major. 

Sec. 401. {■^4^-) There- shall be to each brigade one Briga- 
dier-General and the following staff : One Adjutant-General, one 
Inspector-General, one Ordnance Officer, one Judge Advocate, 
one Quartermaster, one Commissary, one Surgeon, one Paymas- 
ter, all with the rank of Major, and one Chaplain, who shall be 



OF SOUTH CAROLINA. 157 

A. D. lf«M. 



borno upon tho rolls next the Surg(!on, and two Aidos-de-Camp, '*""^'' ' 
witii the i-iink of Ciqitaiii. 

Sec. 402. i'^-'^'^-} liegiinents shall consist (jf not less than six lu^im c n t h -, 
nor more than ten companies, and shall be entitled to the fol- omri-muridTtJiifl 
lo\vin<^ Held oHicers : One Colonel, one Lieuteniint-Coloncl and ^''•. "—• 
one Major ; with the following stail : one Adjutant, one .Judge 
Advocate, one Quartermaster, one Surgeon and one Paymaster, 
all with the rank of Captain, one Sergeant-Major and one 
Quartermaster-Sergeant. 

Sec. 403. i^-H-) Battalions shall consist of not less than two Battalions; 
nor more than five companies, and shall be entitled to tlie fol- oSiceraandstoir 
lowing field officers : If composed of four or more companies, ^'>-.fi28. 
one Lieutenant-Colonel and one Major ; if of two and not ex- 
ceeding three companies, one Major, with the following staff 
officers : one Adjutant, one Judge Advocate, one Quartermaster, 
one Surgeon and one Paymaster, all with rank of First Lieuten- 
ant, one Sergeant-Major and one Quartermaster-Sergeant. 

Sec. 404 i-H-^-) The word "company" may include battery terms "rom- 
' J. ,/ .z J pany," "re gl- 

and troop, and the word "regiment" may include battalion. ment/' __ 

Sec. 405. {-H^-) A company of infantry shall consist of not ^''--^"I'S^ 
less than forty-four nor more than ninety-two Privates, four Cor- in/untr>-; how 

•' . composed. 

porals, four Sergeants, one First Sergeant, two Second Lieuten- /&., §25. 
ants, one First Lieutenant and one Captain. 

Sec. 406. {347') A company of artillery shall consist of not company of 
less than forty nor more than one hundred Privates, four Cor- coliifwswi.'*"^ 
porals, four Sergeants, one First Sergeant, two Second Lieuten- ^''••.s^ti. 
ants, one First Lieutenant and one Captain. 

Sec. 407. (■^■i''^-) A company of cavalry shall consist of not company of 
less than thirty-two nor more than sixty Privates, one Bugler, ^q^^^J^'' ° ^ 
four Corporals, four Sergeants, one First Sergeant, two Second J^., j27. 
Lieutenants, one First Lieutenant and one Captain. 

Sec. 408. {3JfO.) In case the number of Privates in any com- if number of 
pany falls below the above minimum, then the regimental and C-iow** ml n 1- 
brigado commanders may prohibit the appointment or election I!mce'rs°t'o° b e 
of anv new commissioned or non-commissioned officers which ^'^, ' 

1 b., VM. 

would give the company a greater ratio of officers than is above 
provided. 

Sec. 409. {SoO.) There shall beheld once in each year an Annual m- 
inspection of troops and military property in every County of c.nipunii'-i^to'be 

the State ; and all companies of infantry and artillery producing ^^ s-.V 

less than thirty officers and men, and cavalry comi)anies i)ro- 



158 CIVIL STATUTE LAWS 



A. D. IHiM. 

' ^- (lacing less than twenty-four officers and iirmi, present and in 

good condition for service shall be disbanded. 

How coiupauy ScC. 410. (^<'^i. ) Any coni})any of the organized militia may, 
ma^y adopt by- ^^ .^^ ^^^^ ^£ two-thirds of its members, form by-laws, rules and 

ih.,§m. regulations, not inconsistent with this Chapter, for the govern- 
ment and improvement of its members in military science and 
discipline ; and such by-laws, rules and regulations shall be 
binding, but may be altered from time to time, as may be fouijd 
necessary. 

Continuance Sec. 411. {352.) Nothing in this Chapter shall be coDstrued 

of choT tcrcii 

rights recogniz- SO as to annul, abridge or interfere with rights or privileges 
companies e x- granted by special Act or by charter passed previously for the 

"lirW. benefit of any organization now in existence ; but any companies 

which have been, or may be hereafter, disbanded shall not be 
entitled to enjoy any military rights granted by charter or Act 
of incorporation. And all Acts or parts of Acts granting such 
military rights to companies so disbanded are hereby repealed. 
United states Scc. 412. (353.) The rules and articles of Avar and general 
tion™;^ tc^vhat regulations for the government of the army of the United States, 
^^1^2* xTn ^° ^^^' ^^ ^^^®y ^^® applicable, and are not inconsistent with the 
692, §32. Constitution and laws of this State, shall apply to the govern- 

ment of the organized militia of this State; but no punishment 
under such rules and articles which shall extend to the taking of 
life shall in any case be inflicted, except in time of actual war, 
invasion, or insurrection, declared by proclamation of the Gover- 
nor to exist, and then only on the apjiroval, by the Commander- 
in-Chief, of the sentence inflicting such punishment. 
Militia officers; Sgc. 413. {3o5.) All officers of the militia (except as other- 
and comTfs^ wise provided) shall be appointed and commissioned by the Gov- 

^^p-l^y^-^ ernor, and shall hold office until resignation or removal. They 
lb., §34. ^ _ *=■ . 

shall draw ])ay only when in actual service. 
How removed. Sec. 414. {356.) All commissioned officers of the militia may 
J^M 835. be removed from office by the Commander-in-Chief, on recom- 
mendation of the commanding officers of their respective battal- 
ions, regiments, brigades and divisions. Eemoval may also be 
made by decisions of a court martial, or retiring or examining 
board, pursuant to law ; and for misconduct any officer may be 
suspended by the Commander-in-Chief. 
Company offl- SeC. 415. {357.) Company officers of the Volunteer Troops 
tToo^p°sSw shall be elected by the active members of their respective compa- 
^'jV*^886~^~ nies. The order for such election shall be issued by the regi- 
mental commander, and three Managers of Election shall be ap- 



OF SOUTH CAROLINA. 159 

"~ ' A. D. IhUJ. 

jioiiiti'd by tlio (•(iinpaiiy (■(iriiiiiMiulfi'. In case of a ((Miipaiiy •' 

otticer already in cominissioii being prunutted by tlie results of 
such election, the vacancy thus created may be tilled at the same 
time without further orders. 

Spo 416 (-W-V.) Field olTicers of Volunteer Trooiis .«hall bo Kiew offlcere, 

, , ,* . . i. XI • ^ rn, , n Volunteer 

elected 1)V the active members oi the regiment. 1 lie order tor Troopa; how 
election shall be issued by the brigade commander, and three - j/^.^ooa.MrT 
>[anagers f(jr oai^h company shall be a^jpointed l)y the respective 
coin])any cominanders. The election will be held in each com- 
pany, and thr returns, duly sealed, transmitted, through the 
regimental commander, to the brigade commander, who will 
announce the results in accordance with the returns. All otlicers 
ordering elections shall report the results to the Adjutant and 
Inspector-General, who shall, with the Governor's approval, issue 
the proper commission to the otiicers elected, dating the same 
from the day the vacancy occurred. At least ten days' notice 
shall be required for any election. No fee shall be charged for 
any commissions issued by the Adjutant and Inspector-General. 

Sec. 417. {359.) In case of contest or protest of any election how protests 
for any ol^cer, notice must be given to the officer ordering the settled? 
same within five days of the date of such election ; and he shall ^'^- ^^• 
forward such notice and the returns, without delay, through the 
proper officers, to the Adjutant and Inspector-General, who shall 
then order a court of inquiry to determine the cause, the findings 
of which court shall be final. In the case of unattached com- 
panies or regiments, the Adjutant and Inspector-General shall 
issue orders for elections, and shall, on the receipt of the returns, 
announce the results. Contests and protests shall be decided as 
above provided for. 

Sec. 418. {360.) Commissioned officers shall take rank accord- ho^ offlcere 

ing to the date of their commission, and when two of the same ^j^'^jg" 

grade bear an even date, the date of previous commission shall 
govern ; and if these also be of even date and equal rank, then 
the rank shall be determined by lot, drawn before the commander 
of the brigade, regiment, battalion, company or detachment. 
Nothing in this Chapter shall be construed so as to vacate the 
office or change the rank of any officer now holding commission 
in the organized militia. 

Sec. 419. {361.) Staff officers shall be appointed by the com- staff officers; 
mamlers of the respective regiments, brigades and divisions, pt^mted?" e'rm 
subject to the approval of the Governor, and shall continue iu'/V^FTsT 
office until resignation or removal. xviii., -157, 83. 



ICO CIVIL STATUTE LAWS 

A. D. lSlt4. 

* -^ Sec. 420. {^^02. ) Any commissioned officer shall have authority 

oflicTMimy ad- to udnniustcr outlis to nulitiiry persons, when such may be neces- 
ih'mi!iA\.' ^^^y '■> ^'^^ ^^^^ same penalties shall attach to false swearing in 

such cases as are now provided by law in case of perjury. 
couiinandinR Scc. 421. (-^'>> • ) All Commanding officers of companies, regi- 
rSraiiy'offlcer ment.s, Ijrigadcs or divisions shall have power to place in arrest 

"Tft Ma^ ^^y officer, and order in confinement any non-commissioned 

officer or private, who may be under their command ; and per- 
sons in arrest or confinement must not bear arms during the con- 
tinuance of such arrest or confinement. 
Officers and Sec. 422. {364.) ^0 officer, non-commissioncd officer or 
and Low far ex° private shall be arrested, except for treason, felony or Ijreach of 
empt from a r- ^j^^ peace, while going to or returning from, or attending upon, 
ib.,iu. any military duty, court martial or court of inquiry which it is 
his duty to attend. 

Hickman v. Armstrong, 2 Brev., 17fi ; Gregg v. Summers, 1 McC, 4(51; 
Kirkjmtrick v. Irby, 3 McC, 205 ; Hunter v. Hunter, 1 Bail., 646. 

Naval Batta- Sgc. 423. There shall be allowed, in addition to the Companies 
officers, t h e i r of the Volunteer Troops of the State of South Carolina as now 
o t°he'r°offlcere provided, not more than four companies of Naval Militia, which 
an er pay, ^^^11 constitute a battalion to be known as the Naval Battalion 
1892, XX., 1. qI i\^Q Volunteer Troops of South Carolina. The officers of this 
battalion shall consist of a Lieutenant Commander, who shall be 
appointed by the Governor, and whose rank and pay shall assimi- 
late to that of a Major of infantry, and a staff, to consist of one 
Adjutant, one Ordnance Officer, one Paymaster, who shall be 
the mustering officer, and one Surgeon, each with the rank of 
First Lieutenant. They shall be paid the same as battalion 
staffs in the Volunteer Troops. There shall also be attached to 
the staff the following petty officers : one Master-at-Arms, two 
Yeomen, one Hospital Steward, one Chief Bugler, who shall 
receive the same pay as the non-commissioned staff of a battalion 
of infantry. To each company there shall be one Lieutenant 
commanding, two Second Lieutenants, two Ensigns, to receive 
the same pay as Captain, First and Second Lieutenants, respect- 
ively, of infantry ; two Boatswain's Mates, two Gunner's Mates, 
two Coxswains, two Quartermasters and forty-four seamen. All 
enlisted men of companies shall receive the pay of enlisted men 
of companies of infantry of the Volunteer Troops. The Naval 
Battalion shall be uniformed, as the Commander-in-Chief shall 
direct, out of any appropriations for uniforms or supplies for the 
Volunteer Troops or Naval Militia, and shall be instructed as 



OP SOUTH CAROLINA. 



lu! muy (lirocl, iiiid be subject to tlu' laws iiml re<,'ulations gov- 
oriiiiig tho Volimtcer 'J'r(jo]).s. Tliu duty ru'|iiirod by law may 
be performed afloat. 




ARTICLE 4. 
The Foi KTir Brigade. 



RF.C. 



lit. Board ot Klold OflK^ers of, n corpora- 
tion ; rlphts. powers and privileges 
of. Proviso as to Marion Square. 



Sec. 



i-lT). Annual tax forbeneflt of companiee 
of Brigade, Ac; how levied, collect- 
ed, distributed and applied. 



Section 424. (56'.fJ.) The corporation heretofore known as Board of field 
tht^ iJoaid of Field Officers of tlie Fourth Brigade, South Caro- p^ralionfrUtMs' 
lina Militia, and subsequently as the Board of Field Officers ^rivulges^ofl 
of the Fourth Brigade, South Carolina Volunteer Troops, M'^Hon square" 
shall hereafter be known as the Board of Field and Line ]^' x v 1 1.. 

GUI; 1880, XIX., 

Officers of the Fourth Brigade, South Carolina Volunteers, and ^i": is'Axxi., 

, 515. 

shall consist of the Brigadier-Cxeneral commanding the Fourth 
Brigade, South Carolina Volunteer Troops, and the field officers 
of the regiments and battalions now constituting the said Fourth 
Brigade, and the field officers of such regiments and battalions 
existing within the limits of the city of Charleston as may here- 
after belong to the said Fourth Brigade under the laws of this 
State, and the senior ranking Captain in each of said battalions 
or regiments, and their successors in office. The said corpora- 
tion, so composed, shall continue to be, and shall be, a body 
politic and corporate, for the purpose of holding all property, 
both real and personal, now owned or hereafter to be acquired 
by the said Board for the benefit of the said Brigade as now con- 
stituted, or as the same may be com2)osed, of regiments and bat- 
talions existing within the limits of the city of Charleston. The 
said corporation, so composed, shall continue to have power to 
take, purchase and hold property, both real and i)ersonal, for the 
benefit of the said Brigade as now constituted, or of such parts of 
the said Brigade as shall consist of regiments and battalions ex- 
isting within the limits of the city of Charleston, and the same 
to pledge, sell and transfer from time to time, on such terms and 
under such conditions and subject to such regulations as may be 
prescribed ])y the said corporation ; ])iit the pro])erty now held 
by tliciii anil known as Marion Square, otherwise called Citadel 
J 1—1 



162 CIVIL STATUTE LAWS 

A. D. 1804. 

"""^ — V ' (j reen, shall forever be kept by them as a place for the military 

exercises of said Brigade ; and the Corps of Cadets of the State 
Military Academy shall have the right to use the said Mariou 
Square, otherwise called Citadel Crcen, as a place for military 
exercises and recreation, under such regulations as may be pre- 
scribed by the Board of Visitors thereof. The present members 
of the said Board of Field Officers of the said Fourth Brigade 
are hereby recognized and confirmed as successors of the original 
corporators, and invested with all the rights, powers and privi- 
leges of said original corporators, and all acts done by them, or 
by any person heretofore acting as successors of said original 
corporators in the corporate capacity of Field Officers of the said 
Fourth Brigade, are hereby confirmed. 
Annual tax for Sec. 425. {308.) The County Board of Commissioners of 
panies of Brig- Charleston County are hereby authorized and directed to levy an 
ieviedr"coiiect- annual tax of one-eighth of one mill on all the taxable property 
andappUed" in the citv of Charleston, the same to be collected by the County 
695^4^r^^i^9 3' ^^'®^^^^^®^' *^-^ Charleston County, for the benefit of, and to be 
XXI., 481. pai(j over to, the Board of Field Officers of the Fourth Brigade, 
South Carolina Volunteer Troojis. The fund arising from the 
said levy shall be distributed by the said Board among the com- 
panies of the said Fourth Brigade and the Charleston Light 
Dragoons, in proportion to the average attendance at such drills 
and parades as may be designated by the said Board. The 
moneys thus appropriated shall be expended by said companies 
only for the purchase of arms, ammunition, equipments and 
uniform, and for such other expenses as may be necessary for 
the military efficiency of the said companies ; and the company 
commander shall, on the fifteenth day of September of each 
year, make a full report of the said expenditures to the com- 
manding officer of the said Fourth Brigade, who shall forward 
the same to the Adjutant and Inspector-General : Provided, 
That one-tenth of the amount collected by the said levy shall 
be paid by the said Board to the commanding officer of the 
National Guard in the city of Charleston, to be by him dis- 
tributed to the companies of his command in the city of Charles- 
ton, the commanders of which shall expend and report the same 
in like manner as provided for the companies of the Fourth 
Brigade. 



OF SOl'I'lI ('.\i;()I.I\A. 



ARTICLE 5. 
Arms. Pauadks. Dkilt.s, <kr. 




8kc. 

420. 

427. 
40K. 

430. 

4.11. 

43J. 
433. 
484. 



; SK.c. 
OrRnnlzed companlfs to lie furnished 435. 

with nnns, Ac. 

Duty i>f otUccrs rt'spcctliijf iirms. 480. 

Hi>)^iilatlciiis ii.s tu nrni.x. Sir., in hands . 
(if uniiuthdrUcil jicrsnn.s, &r.. 437. 

Uowiirdsfor n'st<irlu(f iirins, Ac. 
Offlcors receiving urms uccountuble 439. 
for tliem. 

riiriulcs, drills, Ac.; how and when 43!i. 
onliTt'tl. 

Penalty for non-uttondanoc, Ac. 440. 

Powers of comniandiujj; ofllccrs at. ] 
How summoned to, ordinarily. 1 441. 



Company ofllcer may without war- 
rant call out his company. 
Verbal warning on parade, Ac, when 
suflldent. 

Regimental and battalion ofllcers; 
how suinmnned. 

Orders read on parade, when sulB- 
clent warning. 

Ofllcers may be ordered to meet for 
Instruction and drill. 
Persons going to drill, Ac, exempt 
from toll. 

OIBcers absent from parade, Ac, to 
be repiJrted and coiut-martlaled. 



Section 426. {^'^66.) Each refjiilarly organized conii)any of the organized 
militia sliall be furnished by tlie State with such arms and equip- furaLshed* with 
ments as are required, upon the written requisition of the com- ""^j^ xvii 
manding officers of such companies respectively, approved by the ^''*^' ^^^■ 
regimental commander. The arms and equipments so furnished, 
together with all other military property which may be fur- 
nished to any organization of the militia, shall continue to be 
the property of the State, to be used for military purposes only, 
and to be returned whenever called for by proper authority. 

Sec. 427. {S67.) Any officer who shall receive, according to DutyofofBcere 
the provi.sions of this Article, any arms, equii^ments or other ^'^f^ §46.^^^ 
military property from the State shall distribute the same to his 
command as he may deem j^rojier, taking vouchers therefor; 
and he shall require those to whom they are distributed to return 
them at such time and place as he shall order and direct. Every 
officer, non-commissioned officer and private of any company of 
the militia to whom any arms, equipments or other military prop- 
erty shall be so delivered shall be held personally responsible for 
its care, safe-kee])ing and return. He shall use the same for 
military drills, parades and musters only ; and upon receiving a 
discharge, or otherwise leaving the military service, or upon the 
demand of his commanding officer, he shall forthwith surrender 
and (k'liver up the said arms and e(jui])ments, together with all 
other military property that may be in his possession, to the 
said commanding officer, in as good order and condition as the 
sjinie were at tlie time he received them, reasonable use and 
ordinary wear thereof excepted. 



164 CIVIL STATUTE LAWS 

A. D. 1804. 

^— — .^ ' Sec. 428. {360.) The Governor shall call in all arms, equip- 

to^^il\'i°°f m nients and munitions which are in the hands of any persons not 
tooriz^ed"*^"- authorized by law to hold the eanie. Any oflRoer. non-c-oniniis- 
Bons, 4c. sioned officer or i)rivate who shall, contrarv to the lawful order 

1 1,., tiW, §48. ^ ... 

of the proper officer, retain in his possession or control any 
arms, equipments or otlier article of military projterty belonging 
to the State, or who shall willfully or maliciout-ly destroy or 
injure any such property, or who shall, when not on duty, use 
or wear any such property, without permission of his command- 
ing officer, shall be tried by court martial and punished as here- 
inafter provided. Whenever such military property shall be 
found in the custody or possession of other persons, without 
right, any commanding officer may take possession of the same. 
Rewards for Sec. 429. {370.) In order to facilitate the collection of arms 
^toring arms, ^^j military property of the State, the Governor is authorized 
lb., 690, §49. to allow the following sums for the restoration of such property, 
to w4t : For every Remington rifle, 50 cents ; for every Win- 
chester rifle, 'l!2.00 ; for ever\- set of equipments, 10 cents ; for 
every hundred rounds ball cartridges, 10 cents : Provided, That 
such arms are not returned by any legally organized body of 
troops to whom they were issued. 
Officers receiv- Sec. 430. {371.) Any officer receiving public property for 
countable f o r militar}' usc shall be accountable for the articles so received by 
"j^^oTlSo^ ^™' ^^^ ^'^^^^ ^'^^ ^® discharged or allowed to resign from the 
service until he has returned to the Adjutant and Inspector- 
General a receipt from his successor in command, or a proper 
accounting officer, for the articles issued to him, in good order 
and condition, or has shown to the Adjutant and Inspector- 
General, by satisfactory proof, that any article not so accounted 
for has been properly expended in the service, or injured, lost or 
destroyed without any default or neglect on his part ; or if lost 
or willfully injured or destroyed through the misconduct of any 
person, that reasonable efforts have been made by him to recover 
or prosecute for the same. In addition he shall be liable to 
make good to the State all such property so injured, lost or 
destroyed by any neglect or default on his part, and for the 
recovery of which he has made no reasonable effort. 
Parades, drills, ScC. 431. {372.) Uommanders of Companies shall cause their 
when^^ordered!^ Companies to parade not less than once a year, and shall also 
gj^8^'^ ^ ^' "•' order company drills not less than once a year. Regimental, 
brigade and division commanders may order out their respective 
commands, or any part of them, for parade, drill, review or 



OF SOUTH CAROLINA. 165 

A. D. IWM. 



inspection at such times and places as they may deem most con- ' — "^ 

venient. Tiie ()()Muniiii(l(M--in-Chief may order reviews or en- 
campments of such portions of the militia at sucli times and 
phicos as ill' may deem proper. 

Sec. 432. ('?7.?.) No oflRcer, non-commissioned oOicer or PHnaityfor 
jtrivati; shall fail in repairing' at the time fixed to the place of a,u-.^ l-. ^""*^" 
parade, drill or other rendezvous appointed by his commanding i^-^VA. 
officer, if not prevented by sickness or some other evident neces- 
sity, or shall go from the said place of rendezvous without leave 
from his commanding officer, before he shall be regularly dis- 
missed or relieved, on the penalty of being punished, according 
to the nature of his offense, by the sentence of a court martial. 

Sec. 433. (■>7^) The commanding officer at any parade or powereofcom- 
tlrill may cause those under his command to perform any field or Sreat.°* *'^' 
camp duty he shall require ; and, also, may put under guard, for /»-. 697, 853. 
the day or time of continuing such parade or drill, any officer or 
private who shall disobey the order of his superior officer, or in 
any way or manner interrupt the exercises of the day. He may 
ascertain and fix the necessary bounds and limits to his parade 
ground, (no road usually traveled, or more than one-half the 
width of any street, to be included,) within w^hich no spectator 
shall enter without leave from such commanding officer ; and 
whoever intrudes within such limits, after being forbidden, or in 
any way or manner interrupts or molests the orderly discharge of 
duty of those under arms, may be confined under guard during 
the time of such parade or drill. 

Sec. 434. {S15.) For the purpose of notifying the non-com- how summon- 
missioncd officers and privates for any parade, drill or other ren- ^^'f * >m*°.*^^ 
dezvous, the commandant of each company shall issue his orders, 
either by warrant or otherwise, to one or more of his non-com- 
missioned officers or privates, requiring them, respectively, to 
warn all officers and privates of his company to appear at the 
time and ])lace appointed, armed and equipped according to law 
and regulation. Each non-commissioned officer or private to 
whom such order shall be given shall give notice, either verbally 
or in writing, of such time and place to every person whom he is 
ordered to warn ; or, in case of his inability to find such person, 
he shall leave a written notice at his usual place of abode or busi- 
ness, with some person of suitable age and discretion, or shall 
send the same to him by mail. The sworn return of such non- 
commissioned officer or private shall be as good evidence of the 
facts therein stated, on the trial of any person returned as a 



IGG CIVIL STATUTE LAWS 

A. P. 1K9-J. 

' • ' delinquent, as if such non-commissioned officer or private Imd 

tostifieil to the siime before tlie court martial on such trial. 
Company ofB- Ssc. 435. ('^76?. ) Any Commissioned otlicer of a Company mav, 

ceriiiiiy without -.i , , ' 11 j? ai 1 e\- i 

wuiTuiit call out Without warrant, warn any or all of the members of his command 
Vz>."g55."^ — ^^ appear at any parade, drill or rendezvous. Such warning may 
be given to them either personally or by leaving a notice, or send- 
ing by mail, in the same manner as if given by a non-commis- 
sioned officer, and his certificate shall be received by any court 
martial as legal evidence of such warning. 
Verbal warn- Ssc. 436. {S77 .) When a Company is paraded, or assemljled 
&Cm when'^suffl- for any other purjiose, the commanding officer may verbally warn 

- j°^— ggg ^^^ ^^^ ^^ appear on some future day, and not more than thirty 

days from such time, which shall be sufficient notice as respects 
the persons present ; and a record of the names of the officers 
and privates then present, signed by such commanding officer, 
shall be sufficient evidence of such warning. 
Re^mentai Sgc. 437. {'^78.) The officers and non-commissioned staff 
officers ;^h^o°w officers of cach regiment or battalion shall be warned to attend 
^^^^9^7^ at any parade or drill in the same manner as is prescribed by law 
for the warning of the j)rivates of any company ; and the com- 
manding officer of each regiment or battalion may designate and 
order any or all of the non-commissioned staff officers of the regi- 
ment or battalion to perform that duty, who shall make return 
thereof to the commanding officer or Adjutant of the regiment 
or battalion, in the same manner and under the same penalty for 
delinquencies as are by law imposed on non-commissioned officers 
or privates of companies for similar delinquencies. 
Orders read on Sec. 438. {S79.) All commanding officers of regiments, bat- 
^uffldeiit^varn'^ talions or Companies may, on any parade or drill, read division, 
^°f • . „ brio;ade or regimental orders, and notifv the officers and soldiers 

io., 858. o ^ > 

of their several commands to appear as by such orders required, 
which notice shall be a sufficient warning to all persons present. 
Officers may Sgc. 439. (SSO.) The commanding officer of any division, 
meerTo^r^in- ^^^^S^*^*^' regiment or battalion may require the commissioned 
^ction and officers and non-commissioned officers of his command to meet 
^ rbTr§59^ for instruction, exercise and improvement, at such times and 
places as he shall appoint ; and he may require them to appear 
with such arms and accoutrements as he may prescribe ; they 
shall thereupon be formed into a corps of instruction, witliout 
regard to rank, and shall l)e thoroughly instructed in the manual 
of arms, the school of the soldier and the company, and such 
other theoretical and practical details of duty as the said com- 
manding officer shall deem proper. 



OF SOUTH UAKOLINA. 



167 



A. D. ISUI. 

Sec. 440. (■'''/.) .\ii\ pirsDii licliiiifriiijr t() thcMiiilitury forces ' ' 

ol this Mate, ju'DiM^' lo or loliiriiiii;^ Ironi any parade, drill or u. uiiii. &o., ex- 

. • 111 1 Jill L 1 i 1 1 1 1 •mpt tn)m toll. 

iiu'i'tmjj;, wliicli lie may l)e appoiiilcd hy law to attend, shall, j^^ ^^ 

together uilli liis conveyanee ami ilic military jirojicrly of they 
State, he allowed to pass free thi'ou,L,di all toll gates and ovi-r all 
toll hridijfes and ferries. 

Sec. 441. {S82.^ Within ten days after any parade, drill or ofliccreab«-nt 
rendezvous of a hattalion or regiment, the Adjutant shall n-ptn-t Ar.? "'. fw"re- 

, ,1 ,- ,,. ,, i- II !•' L IX L\' iHirtfd 1111(1 c/jurt 

to tlie eommanding ollicer (he names oi all line or statt oiiieers iminiuiwi. 

ahsent therefrom ; and \\\v commanding officer shall order a court "'• *'''• 
martial to pass upon such delin(|uencies. And at any com] any 
parade, drill or rendezvous ordered by a battalion commander or 
by law, absence of olticers shall be reported to the regimental or 
battalion commander by the commander and the delinquents 
court martialed, as above provided. 



ARTICLE G. 
CoL'RTs Martial and Courts of Inquiry. 



Sec. 
44-2 



444, 
44r). 



44C. 



447. 

41H. 
44!), 
451). 
4.'il, 
452. 



Sec. 
When officer may be arrested and 453. 
tried. 

I'oiirt.s martial for trial of commls- j 454. 
sloiipil oftlccrs ; how composed. I 

Powers and duties of. i 455. 

Coiirt.s of inquiry; how constituted ; i 
purposes and duties of. 450. 

Courts martial for trial of non-com- 457. 

missioned ofBeers and privates ; how 
appointed; Jurisdiction. 458. 

Trial inu.st be on writttn charges; 
proceedlnjrs, Ac 450. 

Pro( lint's ; to whom forwarded. 

Secrecy imposed on members of Court. 

Who to preside ; dre.ss of members, Jtc. ' 4C0. 

Powei-s of Courts durluR session. 

May l.ssue subpoenas and compel at- | 

tendance of witnesses. | 



Marshal; appointment of; duties; 
bond. 

Execution for fines and penalties : by 
whom issued and to wliom directed. 
How execution must be enforced ; 
penalty for failure or refusal. 
Pay of Marshal. 

Fees of officers for execution of pro- 
cess. 

Offenses, and fines and penalties 
therefor. 

How and to whom Unes and penalties 
collected must be paid ; how appro- 
priated. 

UeKiniental Paymaster ; bond ; duties 
of. 



Section 442. (•?-*>'•)'.) Any oflficer wlio neglects to perform the wien officer 
duties of his olHce. or to obey the rightful orders of his superiors, "nl^ tried"^*^ 
or who is guilty of conduct unbecoming an officer and a gentle- ~^^i^., xvii., 
man, or who violates any of the provisions of this Chapter, may 

bo put under arrest by his su|)erior oflicer and tried by a court 
martial. 



168 CIVIL STATUTE LAWS 

A. D. 1894. ~~ ~~ ~ 

' >^ Sec. 443. ("'**'4) All courts martial for the trial of conimis- 

for triui of com- siont'd otKcers shall consist of not less than five nor more than 
cereTbow coiul thirteen officers, and in all cases a majority of the court shall lie 
^^' jgj, of not lower rank than the accused. Regimental commanders 
shall have power to appoint regimental courts martial for the 
trial of all officers, except Held officers, of their respective regi- 
ments. In all cases where the regimental commander is the 
accuser, and for the trial of all other officers within their respect- 
ive commands, the commander of brigades shall have power to 
order general courts martial. In all cases where the brigade 
commander is the accuser, or where the regimentiil or brigade 
commander neglects or refuses to order a court martial, then the 
court shall be ordered by the division commander. For the trial 
of a brigadier or major general, courts martial shall be ordered 
by the Commander-in-Chief. 

GeneraUy.— 3/aco7i v. Cook, 2 X. & McC., -.^i : State v. Wakeley, 2 N. & 
McC., 412 ; State v. Stevens and Evans, 2 McC, ;S ; State v. Hopkins, Dudley, 
110 ; Ex Parte Biggers, 1 McM., (>!♦. Powers of State CoTirts, as to. — Wakeley 
V. State, 2 X. & McC, 410 ; Macon v. Cook, 2 N. & McC; State v. Stevens 
and Eians, 2 McC, 32 ; State v. Hopkins, Dudley, 101 : In Re Brig. Gen., 1 
Strob., 190 : Thomas v. Raymond, 4 S. C, 347. 

Powers and Ssc. 444. {385.) Courts martial may sentence an officer con- 

^"/'/T §04 victed by them to be punished according to the nature and degree 

of the offense, aud according to military usage ; but in time of 
peace such punishment shall not extend further than cashiering 
the officer convicted, and disqualifying him from holding any 
office in the militia of this State, and imposing a fine not exceed- 
ing one hundred dollars. Officers cashiered by sentence of a 
court martial shall be precluded thereby from again volunteering 
into the military service of the State, unless the sentence be 
remitted by the Commander-in-Chief. 
Courts of In- Sbc. 445. {386.) Courts of inquiry, to consist of three officers 
stituted^Vu r- ^^'^ ^ j^^lge advocate, may be instituted by the Commauder-in- 
poses and duties Chief, or by the commanding officer of a division, brigade or 
^ihr,m. regiment, in relation to those officers for whose trial they are 
authorized to appoint courts martial, for the purpose of examin- 
ing into any military transaction, or the conduct of any officer, 
either by his own solicitation or on a complaint or charge of im- 
proper conduct, or for the purpo.se of settling a military ques- 
tion, or for establishing good order and discipline. Such court 
of inquiry shall, without delay, report the evidence adduced, a 
statement of facts, and, when required, an oi)ini()n thereon, to 
the officer instituting such court, who may, in his discretion, 



OF SOUTH CAROLINA. V.U 

A. D. imM. 
thereiipoii .•i|i|)iiiiit ;i court iimrtial for the trial of the onicer '""^ '^"^ 
whose eoiKliict sliall liave heeii iiujuired into. 

Sec. 446. ('■^<'*'"-) For the trial of iioii-coniiiiis.sioiied olliter.s courts niiirtiui 
aml privates, regimental eommanders may, at any time, appoint comhiiKsi one a 
a eourt martial for their respective regiments, such courts to vhu-h; iiowup- 
consist of at least three commissioned olHcers. The court, when fiTition. ' 
organized, shall have the trial of all olfenses, delinquencies and /'»•. "oi, 86u. 
deficiencies that occur in the regiment for which it shall have 
heen appointed. 

Sec. 447. {■388.) No officer, non-commissioned officer or Trial must be 
jirivate shall he tried except on written charges and specifica- eharKcs; pro- 
tioiis. The arraignment of the accused, the proceedings, trial, **;',,"'^V *^' — 
and record, shall, in all respects, conform to the forms and 
requirements of the United States law and practice of courts 
martial, except as herein otherwise provided. 

Sec. 448. (380.) The proceedings and sentence of a court ProcwdinKs ; 

martial shall, without delay, be transmitted to the officer order- warded [ 

ing the court, or to his successor in command, who shall, within ^''-S^S. 
fifteen days thereafter, approve, disapprove, commute or remit 
the sentence, and issue his order thereon ; and he shall also 
transmit such proceedings and sentence, with his action thereon, 
to the iVdjutant and Inspector-General, to be filed in his office. 

Sec. 449. {SOO.) Every member of the court martial shall secrecy im- 
keep secret the proceedings and sentence of the court until the bers ot court .^ 
same shall be approved or disapproved or otherwise acted upon ^''- *"'•*• 
according to law, and shall keep secret the vote or opinion of any 
particular member of the court, unless required to give evidence 
thereof 1)y a Court of justice in due course of law. 

Sec. 450. (301.) The President of every court martial or ^-,,0 to pre- 
court of inquiry shall be the member of the court senior in rank, niembel^c." ' 
who, besides his duties and privileges as a member, shall be the /''. «to. 
organ of the court to keep order and conduct its business. In 
his absence the senior officer present shall preside, with all the 
powers of the President. All the members of such court shall, 
when on duty, be in full uniform ; and the court may sit with- 
out regard to hours, and may adjourn, from time to time, as 
may be necessary for the transaction of business. 

Sec. 451. {302.) Courts martial and courts of in([uiry are powers of 
authorized and empowered to preserve order during their sessions; ^'jjfn''"'''"* 
and any person or persons who shall be guilty of disorderly, con- //>., srf 
temptuous or insolent behavior in, or use any insulting or con- 
temptuous or indecorous language or expressions to or before any 



iro CIVIL STATUTE LAWS 

A. D. IK'.U. 

""^""■^ such court, or any member of either of sucli courts, in open 

court, intending to interrupt the proceedings or to impair the 
respect or autiiority of such courts, may be committed to the 
jail of the County in which said courts shall sit, for a time not 
exceeding twelve hours, by warrant under the hand and seal of 
the President of such court. 
May Issue sub- Sgc. 452. {■>93.) Courts martial and courts of inquiry shall 
pei"'attendaiice issue subpicuas for all witnesses whose attendance at such court 
^b ^^^fi~ °^^y> ^^ their oj)iniou, be necessary in behalf of the State, and 
also, on application, for all witnesses in behalf of any officer 
charged or accused, or persons returned as delinquents ; and may 
direct the commandant of any company to cause such subpo-na 
to be served on any witness or member of his company. Such 
court shall also have the power of courts of common law to ad- 
minister the usual oath to witnesses, and to compel witnesses to 
appear and testify, by attachment, fine and imprisonment ; and 
all Sheriifs, jailers and Constables must execute any process issued 
by such courts for any of the aforesaid purposes. 
Marshal; ap- Sec. 453. (-^•94-) The President of any court martial or court 
duues^^bond/' of inquiry may appoint, by warrant, under his official signature, 
lb.. §r3. one or more marshals, who shall, when required, execute any 
process lawfully issued by such President or court, and perform 
all acts and duties by this Article imposed on, and authorized to 
be performed by, any Sheriff or Constable. The marshals so 
appointed shall, before entering upon their duties of collecting 
fines and penalties, execute bonds and sufficient securities, to be 
approved by the President of the court appointing them, for the 
faithful performance of their duties. 
Execution for Sec. 454. {S9o. ) For the purpose of collecting any fines or 
Hest ^by whom penalties imposed by any court martial authorized by this Article, 
whom directed" the President of the court shall, within thirty days after the 
16., §74. fines or penalties have been imposed and approved, issue an exe- 
cution or warrant under his official signature, directed to any 
marshal of the court, or to all and singular the Sheriffs and Con- 
stables of the State, thereby commanding them to levy such fines 
and penalties, together with the costs, on the goods and chattels 
of such delinquent. 

state V. Wakelij, 2 N. & McC, 412 ; State v. Stevens and Evans, 2 McC, 
32 ; Carr v. Scott, Riley, 193 ; Cam v. Mikel, 5 Rich., 247. 
How execution 

must be en- Soc 455 {-396.) Everv marshal. Sheriff or Constable to 

forced; penalty ^^^' ^^^- \ > . • i ,,,■,.. i n i ,• 

for failure or whom auv sucli warrant or execution shall be directed and deliv- 

^iiK^. ered must execute the same by levying and collecting the fines 



OF SOUTH CAKOLINA. 171 

A. I). MM. 



UTul penalties, aiid make return tlicrcor ti the itllii-cr wIid issiicil 
iUv siimo within sixty days fruni the receipt of such executiDii or 
warrant, payini^ over the amount eolleeted to the i)roper ollicer, 
ill jiccordance with the provisions of this Article. Any murshal, 
Sheriff or ('oustahle failinaf or refusing to execute su(;h execution 
or warrant as herein rerpiired, or to nuike return tliereof and pay 
over fines so collected, shall be subject to rule and attachment 
from the Court of Common Pleas of the County wherein he re- 
sides, upon motion of any attorney, or President of a court nuir- 
tial, or the officer ordering the same, or any other officer whose 
duty it is to see that such process be duly executed. 

Sec. 456. (-^^T".) Out of the fines and penalties imposed by pay of Marshal, 
court martial, and collected, there shall be paid, upon the certill- ^'^'-"'^^S'"- 
cate of the .President of such court, approved by the officer 
ordering the same, to every marshal appointed by any such court, 
one dollar for every day actually emi)loyed in the execution of 
the duties required of him. 

Sec. 457. {^08.) For executing process, or performing any Fees of officers 

service re([uired by the provisions of this Article, Sheriffs and process . 

Constables shall be entitled to the same fees as they are allowed ■''^•'877. 
by law for similar services in civil or criminal cases. Marshals, 
to whom an execution or warrant for the collection of fines and 
l)enalties may be directed or delivered, as provided in this 
Article, shall be entitled to the like fees as Sheriffs for similar 
services. 

Scastrunk v. Rice, Chev., 71. 

Sec. 458. (399.) Every officer, non-commissioned officer, or offenses and 
private, shall, on due conviction by any court martial, be su1)ject tierthm-fm-!"''' 
for the following offenses to the fines and penalties thereto -f'j-, sts. 
annexed : 

1. In time of peace, every commissioned officer, for disobedi- 
ence of orders, neglect or ignorance of duty, conduct unbecom- 
ing an officer and a gentleman, or prejudicial to good order and 
military discipline, or neglecting to comply with or violating any 
of the ]irovisions of this Article, shall ])e cashiered, disqualiried 
from holding any military coniniission. lined to an amount not 
exceeding one hundred dollars, or rc})riniamled, or be sentenced 
to all or either of such line and penalties, within the discretion 
of the court. 

2. Every commissioned officer, for non attendance at any 
parade, drill, or place of rendezvous, a fine of not less than three 
nor more than twenty dollars. 



173 CIVIL STATUTE LAWS 

A. D. 18M. ' ' 

' Y -^ 3. Every non-commissioned officer and private, for non-appear- 
ance, when duly warned, at any company parade, inspection, 
muster, or drill, a fine of one dollar ; for non-appearance at a 
regimental or battalion parade, inspection, or drill, a fine of two 
dollars; for disobedience of orders, or disrespectful or insubor- 
dinate conduct, a fine of not exceeding ten dollars. 

4. Every officer, non-commissioned officer or private, for neg- 
lecting or refusing to obey the orders of his superior officers on 
any day of parade, drill, or inspection, or to perform such mili- 
tary duty or exercise as may be required, or departing from his 
colors, post, or guard, or leaving his place or ranks without per- 
mission, a fine of not more than twenty nor less than three dol- 
lars. 

5. Every officer, non-commissioned officer, or private, for neg- 
lecting or refusing to obey any order or warrant to him lawfully 
given or directed, or to make a proper return thereof, or neglect- 
ing or refusing, when required, to summon a delinquent before 
a court martial, a fine of not more than twenty nor less than 
three dollars. 

6. Every officer, non-commissioned officer, or private, who 
shall neglect or refuse to surrender or deliver up, upon demand 
of his commanding officer, any arms, equipments or other mili- 
tary property of the State that may be in his possession shall be 
fined not more than one hundred nor less than ten dollars ; and 
any officer may take possession of such military j^roiierty wher- 
ever the same may be found. 

7. Every non-commissioned officer or private appearing at any 
parade, drill, inspection, or review, deficient in arms, equip- 
ments, or uniform, or in unserviceable or bad condition, if from 
his own neglect, a fine of one dollar. In addition to, or in lieu 
of, the fine herein specified, the offender shall be liable, in the 
discretion of the court, to be dishonorably discharged from the 
command to which he belongs. 

How and to Sgc. 459. (400.) All fines and penalties collected from any 

penalties ^co^N officer, non-commissioned officer or private of a regiment shall 

K? h^w^5- ^^ P^^^ ^y ^^^ officer collecting the same to the Paymaster of the 

"rh'^^. ^'g-ya Tcgimcnt to which the person so fined belonged, and shall con- 

stitute a portion of the military fund of such regiment, which 

shall be disbursed by order of its commanding officer ; but in case 

of members of unattached companies, fines shall be paid to the 

commanding officer for the use of said company. All fines and 

penalties collected from any other commissioned officer shall be 



OF SOUTH CAROLINA. 



173 



A. D. 1894. 

paid by the officer collecting the same to the Adjutant aii'l In- ' < "' 
spoctor-dcnoval of the State, to be expended for tlie use of the 
militia of the State. 

Sec. 460. (y^^-) I'^i* t^iK'li regiment there shall he appointed ucRimentai 
a Paymaster, who shall receive all fines and penalties collected bondi;'dutlc«oi! 
and payable to such regiment. lie shall give a ])ond in the sum -^'j-S^O- 
of two hundred dollars for the faitlifiil discharge of his duties, 
with one or more sureties, to be approved by the commanding 
officer of the regiment for which he is appointed. Each Pay- 
master shall be compelled to account, at least once in twelve 
months, and oftener if recpnred, to the commanding officer of 
the regiment of Avhich he is Paymaster, which accounts shall be 
subject to the inspection of the Brigadier-General, Major-Gen- 
eral, and Commander-in-Chief, respectively. A copy of said 
accounts shall be forwarded to the Adjutant and Inspector-Gen- 
eral, to be filed in his office. 

State V, Stevens and Evans, 2 McC, 32. 



TITLE V. 

OF COUNTIES. 



CHAPTER XVII. 
Of Counties and Their Corporate Powers. 



Sec. 

401. Division of State into Counties ; each 
County a body politic. 

402. Abbeville County ; location and boun- 
daries. 

403. Aiken County ; location and boun- 
diules. 

404. Anderson County ; location and b*.'Ufl- 
daries. 

405. Barnwell County ; location and boun- 
daries. 

400. Beaufort County ; location and lioun- 
darlea. 

407. Berkeley County ; location and boun- 
daries. 

408. Cbarleston County; location and 
boundaries. 

40U. Chester County; Idcntlon and boun- 
daries. 

470. Chesterlleld County ; location and 
boundaries. 



SEC. 



471. Clarendon County; location and 
boundaries. 

472. Colleton County ; location and boun- 
c . darles, 

."3. Darlington County; location and 
boundaries. 

474. Edgetleld County ; location and boun- 
daries. 

475 . Fairlleld County ; location and boun- 
daries. 

476. Florence County; location and boun- 
daries. 

477. Georgetown County ; location and 
boundaries. 

478. Greenville County; location and 
boundaries. 

479. Huniptou County ; location and boun- 
daries. 

480. Horry County; location and boun- 
daries. 



174 CIVIL STATUTE LAWS 

A. D. 1H94. 

"'^ Y ' SEC. I SKC. 

4t;l. Kershaw County ; location and boun- 401. Richland County ; location and boun- 
liarli'S. darles. 

482. Luucustcr County; location and 492. Spartanburg County; location and 
boundaries. boundaries. 

483. Laurens County ; location and boun- 498. Sumter County ; location and boun- 
daries, darles. 

454. Lexington County ; location and 1D4. Union County ; location and boun- 
boundarles. darles. 

455. Marlon County ; location and boun- 495. Williamsburg County ; location and 
darles, boundaries. 

460. Miirlboro County ; location and boun- 496. York County; location and boun- 
daries, darles. 

487. Newberry County ; location and 497. Property of County. 

boundaries. 498. Public officers having care of public 

468. Oconee County ; location and boun- buildings may Insure the same. 

darles. 499. County property exempt from levy 

489. Orangeburg County ; location and and sale. 

boundaries. 500, Preliminary publication necessary 

400. Pickens County ; location and boun- for formation of new Counties, 

darles. , 

Bivision of Section 461. (-4^^-) The State of South Carolina is divided 

«^?ei°Jh coun- i"to thirty-tive Judicial Districts, called Counties. Each County 
tj^a body politic jg .^ body politic and corporate, for the following purposes : To 
134; ibw, xvn!! sue and be sued ; to purchase and hold, for the use of the County, 
lands and personalty within the limits thereof ; to make all con- 
tracts, and to do all acts in relation to the projiert}- and concerns 
of the County necessary thereto. 

May sue on official bond. — Greenville County v. Runion, 9 S. C, 1 ; Chesterv. 
Hemphill, 29 S. C. 584; Aiken Co. v. Murray,^ S. C, .508. Suit on claim 
must be before Board of County Commissioners. — Jennings v. Abbeville 
County, 34 S. C, 543. \Vlien actions ex delicto may be sued in Court of Com- 
mon Plea.s. — Acker Y. Anderson County, 20 S. C, 495 ; Jennings v. Abbeville 
County, 24 S. C, 543 ; Chick v. Newberry Coutity, 27 S. C. 419 ; Lancy v. Ches- 
terfield County, 29 S. C, 140. How name pleaded. — Coioi^j/ of Richland v. 
Miller, 10 S. C, 241. Judgment against Charleston County does not carry 
costs, under Funding Act of 1878. — Holmes v. County of Charleston, 14 S. C, 
140. Account audited does not bear interest. — lb.; Wheeler v. County of Neiv- 
berry, 18 S. C. , 135. Contracts must,^e made by County Commissioners alone.— 
Ostendorff\. County Commissioncn, 14 S. C, 407 ; Edmondston v. County of 
Aiken, 14 S. C, 022 ; Jennings v. Abbeviit.' County, 24 S. C, .543. No action 
against them without contract. — Ostendorff v. County Commissioners. 14 S. 
C, 407. Remedy by mandamus.— Wheeler \. County of Newben-y, 18 S. C, 
ia5 ; Duke v. County of Williamsburg, 21 S. C, 410 ; Hunter v. Mobley, 26 S. 
C, 192. As to County honAs.— State v. R. R., 13 S. C, 290 ; Duke v. County of 
Williamsburg, 21 S. C, 410; Lancaster v. R. R., 28 S. C, 134. As to line 
fence.— Couji^y Commissionci-s v. County Commissio7iers, 18 S. C, 598. 

Abbeviiio Sec. 462. {404-) ABBEVILLE COUNTY is bounded as 
uSdboundl follows : On the Southwest by the Savannah River, by which it is 

^^1 senarated from Georgia ; on the Northwest bv Auderson County, 

VI 1^199. 82; from which it is separated by a line (the old Indian boundary) 
drawn from a marked black gum, on the East bank of the Savan- 



OF SOUTH CAROLINA. 175 

A.n. iwii. 



Uiili Iviver, ut the foot of ('Jnii>e .Shoiils. (.North 50° East,) to :i """ ■- 
willow oak marked **A. &!?.," on the South side of Saluda 
Rivor ; on the Northeast by the Saluda River, which separates it 
from Laureus County ; and on the Southeast by Ed<(efield 
County, from which it is divided by a line drawn from a i)oint 
on Saluda River, one-fourth of a mile above Island Ford, and 
running (South 40° West) nineteen miles and thirty-eight chains 
to a point, and tlience (South 34° West) fourteen miles and sixty 
chains, or until it intersects the Savannah River, at the mouth 
of Little River. 

Sec. 463. (4^'>.) AIKEN COUNTY is bounded as follows : aikod county: 
On the Northwest by Edgefield County, from which it is divided boundari^. '^^ 
by a straight line commencing at the mouth of Fox's Creek, v'^Vs'sott-'vi' 
where it empties into Savannah River, and running tlience to ^^ -^iiV" ^• 
where the South branch of Chinquepin Falls Creek (a tributary ^g^'- '''''' ' ^^•' 
of the North Edisto River) intersects the Edgefield and Lexing- 
ton line ; on the Northeast by Lexington Count}', from which it 
is divided by said creek to where it emjjties into the North Fork 
of the Edisto River, and by the said North Fork to where the 
dividing line between Lexington and Orangeburg Counties (run- 
ning from Big Beaver Creek to the North Fork of the Edisto) 
touches said river ; on the Southeast by Orangeburg and Barn- 
well Counties, from which it is divided by a straight line running 
by A. J. Weathersbee's old mill, thence the line established by 
J. Seth Mixon, Deputy Surveyor, to the Savannah River, at a 
point below the mouth of the Upper Three Runs Creek, said 
survey having been made under Act of Assembly, approved 14th 
March, 1874 ; on the Southwest by Georgia, from which it is 
separated by the Savannah River. 

Sec. 464. (406.) ANDERSON COUNTY is bounded as fol- Anderson 
lows : On the Northwest and North by Oconee and Pickens and bo undar ies. 
Counties, from which it is divided by a line commencing at the aJo/alf ;^V'il! 
mouth of Cane Creek, on Tugaloo River, and running thence to '^''^• 
the p'jint where Eighteen Mile Creek is crossed by the road lead- 
ing from Pendleton to Ilagood's Store, thence to the mouth of 
George's Creek, on Saluda River ; on the Northeast and East by 
Greenville County, from which it is separated by the Saluda 
River ; on the Southeast by Abbeville County, from which it is 
divided by a line drawn from a marked black gum on the East 
bank of the Savannah River, at the foot of Grape Shoals, to a 
willow oak, marked **A. & P.," on the South side of Saluda 
River ; on the Southwest by the State of Georgia, from whicli 
it is separated by the Savannah River. 



176 CIVIL STATUTE LAWS 

A. D. 1894. ~ ■ 

" ^ Sec. 466. {m.) BARNWELL COUNTY is bounded as 

County: location follows : On the North wost by Aiken County, from which it is 
jy^u^j.vn.] divided by a line beginning at the point upon the Savannah 
oils'; XV.', tM'j)" l^'^'*^''- Ijelt)^^' the mouth of the Upper Three Runs Creek, as 
established by the survey of J. Seth Mixon, under Act a|)proved 
March 14, 1874, and following said line to A. J. Weathersbee's 
old mill ; thence to South Edisto River, in the direction of the 
point on the North P]disto River (mouth of Cedar Branch) where 
the line between Orangeburg and Lexington Counties, drawn 
from Big Beaver Creek, touches said river ; on the Northeast by 
Orangeburg County, from which it is separated by the South 
Edisto River as far down as Tyler's Ferry ; on the Southeast by 
Colleton and Hampton Counties, from which it is divided by 
the old District line, stretching from Nelson's Ferry, on the 
Santee River, to Matthew's Bluff, on Savannah River ; and on 
the Southwest by the State of Georgia, from which it is separated 
by the Savannah River. 
Beaufort Sec. 466. {40S. ) BEAUFORT COUNTY is bounded as fol- 
and^boundari^ lows : Wcst and Southwcst by the state of Georgia, from which 
ssI-VsTS^xvi ' ^* ^^ separated by the Savannah River ; South and Southeast by 
375. the Atlantic Ocean, including in the County all the Islands along 

the coast from the mouth of the Savannah River to St. Helena 
Sound ; Northeast by Colleton County, from which it is separated 
by St. Helena Sound and by the Combahee and Salkehatchie 
Rivers, and North by the centre of the track of the Savannah 
and Charleston Railroad, separating it from the County of Hamp- 
ton, which was formerly a part of Beaufort County. 
Berkeieycoun- Sec. 467. BERKELEY COUNTY is bounded as follows: 
^\iS^^ Eastwardly, Northeastwardly and North by the Santee River, 
1882, xvii..o»^; separating it from the Counties of Georgetown, Williamsburg 

1693, XXI., 561. ± o ^ 

and Clarendon ; North also by Orangeburg County : West and 

Northwestwardly by Colleton County ; South and Southwest- 

wardly by Charleston County and Colleton County ; including 

within its limits all of the subdivisions formerly known as the 

Parishes of St. John's Berkeley, St. Stephen's, St. Thomas and 

St. Dennis, St. James Goose Creek, and parts of St. James 

Santee and St. Andrew's. 

Charleston Scc. 468. CHARLESTON COUNTY is bounded as fol- 

Md°boun°diSi^° lows : Beginning at the mouth of the South Edisto River where 

476'-"i893\^" i^ empties into the Atlantic Ocean, and following up said river 

^'^' ' to the Dawho River ; thence by this river to its intersection with 

the North Edisto River to Stono River ; and thence up to Ran- 



OF SOUTH CAROLINA. . 177 

' ' ' ~" -~~ A. I). IW'I. 

towlo's Cruok to its intersection with tli(j Colleton County line; '' """^ 

tiionce iilong sjiiil liiif to the Kasti'rn bunk f)f Ashley Kivt-r ; 
thence down said rivur to the line of Colleton County, on said 
bank ; thonce by a direct line to the Western bank of Cooper 
Kiver ; thence to the Parish of St. Philip's on the North, lo and 
across Coo])cr Kiver to the Wando River ; thence up saifl Wando 
River to Guerin's Creek ; thence up Guerin's Creek to (Juerin's 
Bridge ; thence by way of the Halfway Creek road aeross Half- 
way Creek to Thornson road, and through 'J'homsoii load to 
the centre of Wanibow Swamp ; thence through the centre of 
said swamp to the lioad of Wam))0w Creek, and through said 
creek to South Santee "River ; thence down the South Santee 
River to the ocean to the line of the jurisdiction of the State ; 
thence Southwardly along the line of the Jurisdiction of the 
State to a point o})posite the mouth of the South Edisto River ; 
thence in a straight line to the beginning at the mouth of South 
Edisto River. 

Sec 469 (4JJ-) CHESTER COUNTY is bounded as fol- cuester co.m- 

_7 /, ..... , 1 • , . ,1 ty; location and 

lows : On the North by a line beginning at a hickory tree, on the boundaries. 

Southwest side of the Catawba River, about ten chains above the ai^^vn'^^'-iw! " 

mouth of Ferrill's Creek, and running (nearly South 80° West) , 

by an old line, called and known by the name of the Line of the 

New Acquisition, to an ash and black gum, on the bank of Broad 

River, on Robert Elliott's lauds ; thence down Broad River to 

the mouth of Sandy River ; thence in a direct line to the mouth 

of Rocky Creek, on the Catawba River ; thence up to the Catawba 

River, to the place of beginning. 

Sec 470 Ui^'-) CHESTERFIELD COUNTY is bounded rhos.ernH.i 
as follows : On the North by the North Carolina line; on the ami h.nnuiarifs. 
East by Marlborough County, from which it is separated by the \m!''ml «4"; 
(Jreat Pee Dee River ; on the South by Darlington County, from •^"■' '^" 
which it is divided by Cedar Creek, commencing at its mouth, 
Avhere it enters into the Great Pee Dee, and up said creek to 
the head of the Southernmost branch, and thence by a direct 
line (South 51° 45' West) to the fork of Lynch's River ; on the 
Southwest by Kershaw and Lancaster Counties, from whiili it is 
se]);i rated l)y Lynch 's River. 

Sec. 471. (V//J.) CLARENDON COUNTY is bounded as rinr..ndnn 
follows : On the North and Northwest by Sumter County, from aiui i.<'.un.iarif.s. 
which it is divided by the following lines : beginning at a corner i.,iy.\o'i't' xii".! 
on the East side of Santee River, and running thence (North 70*" xx.I'VtwJ'issv; 
East) six hundred and lifty-four chains to a forked pine corner ; ^j^- ^^'' ^''•' 
16—1 



178 CIVIL STATUTE Lx\WS 

A. D. 18W. ■ 

' v^ ■ theiu'e (South 82° East) one luindred and four chains to a pine 

corner ; thence (North 76° East) live hundred and twenty chains 
to u post on the Vance's Ferry road ; thence (North 77° East) 
tliree hundred and sixty-eight chains and lifty links to a corner 
in Pocotaligo River ; thence (North 34° East) one hundred and 
thirty-four chains and fifty links to a corner ; thence (North 55° 
East) six hundred and lifty chains and lifty links to a corner in 
Black River ; thence (North 80^° Efist) sixty-three chains to a 
post on the Salem Road ; thence (North 52° East) two hundred 
chains to a black gum corner ; thence (North 55° East) four 
hundred and one cluiins to a pine corner ; thence (North 58^° 
East) one hundred and thirty-live chains to the Eastern side of 
Dyall's Bay ; thence (North 55° East) fifteen chains to Mill Bay ; 
thence (North 57|^° East) ninety-four chains to two sweet gums ; 
thence (North 55° East) forty-six chains and eighty links to 
Wood's Mill ; thence by a straight Southerly line to Hudson's 
Mill ; thence following the Centennial road in an Easterly direc- 
tion until it intersects a line dividing it on the Southeast from 
Williamsburg County, said line being the old District line run- 
ning (South 22|° West) until it intersects the Santee River three- 
quarters of a mile below Gaillard's Island ; on the South and 
Southwest by the Santee River, which divides it from Berkeley 
and Orangeburg Counties. 
Colleton coun- Sec472 (4^4-) COLLETON COUNTY is bounded as fol- 

ty ; location and ►-»^^' ^* *■>' K-r r / ■, r^ 

boundaries^ lows : On the East and North by Berkeley County, from which 

VII., 1 9, 2ii. ^^ ^^ divided as follows : by a line beginning at the mouth of 
South Edisto River, where it empties into tiie Atlantic Ocean, 
and following up said river to the Dawlio River, then by this 
river to its intersection with the North Edisto (here called Wad- 
malaw), up this river into New Cut, thence through said cut 
into the West branch of Stono River, and thence following the 
course of said branch to its junction with the Stono River, then 
up the East branch of the Stono River, about live miles in a 
straight line above Rantowle's Bridge, (near where the line of St. 
Paul's Parish intersects,) thence by a waving line stretching up 
Stono Swamp, and over to Ashley Hill, on Ashley River, then 
down this river to Sanipit C!reek, and then up this creek to its 
head, then across the country Northeast to Windsor Hill, the 
extreme Southeast corner of the County, then by a straight line 
drawn from Windsor Hill (North 49° West) to Four Hole 
Swamp, three-quarters of a mile above Four Hole Bridge, near 
Harley's, then up the Four Hole Swamp, about fifteen miles, to 



OF SOUTH CAROLINA. 179 

A. D. 18W. 

the iiiliirsi'clidii <.l' the lim- dniwii fnnii Nelson's Ferry, on Santee ^"-"^>^-"--' 
liiver, to Matthew's Jiluil", on Savannali Hivor ; on the North- 
west by Oran^;el)ur<i: and Barnwell Counties, from which it is 
divided by the old liiu- running (South 53° West) from Nelson's 
Ferry to Matthew's Blull", to wliore it intersects the Bi<f Salke- 
hatehie Kivor, about two miles and a half above Broxham's i'ord ; 
on the Southwest by Beaufort County, from which it is separated 
bv the Salkehatohic and Combahee Kiversand St. Helena Sound. 

Sec. 473. {Jfio.) DAKL1N(;TUN COUNTY is bounded as oariinKton 
follows : On the Southeast by Lynch's River, beginning at the un7,|,^'-X?ru'" 
mouth of Little Lynch's River, thence down Lynch's River t" jJi^'-y^'l-^ ^l-; 
Sanders' Bridge, thence by an air line running to the jjoint xii.. rw),' r^', 

C3 J W 168' 1880 

where the Cheraw and Darlington Railroad crosses High Ilill xx.',' so?;' /b.! 
Creek, thence down liigh Hill Creek to its confluence with Black 
Creek, thence up Black Creek to Muse's Bridge, thence follow- 
ing the direction of a straight line running from Muse's Bridge 
to Casliua Ferry until Back Swamp is reached, thence down 
Back Swamp to Herring Creek, thence down said creek to its 
confluence with the Great Pee Dee River, thence up the Great 
Fee Dee to the mouth of Cedar Creek, thence up Cedar Creek 
and its Southernmost branch to the head of the said branch, 
and thence by direct line (South 51° 45' West) to the place of 
beginning. 

Sec. 474. {^Ji^-) EDGEFIELD COUNTY is bounded as EdfreUeid 
follows : On the Southwest by the Savannah River, by which it ana'boundariS! 
is separated from Georgia ; on the Northwest by a line drawn ^^i^x^xl^ ^'/ij; 
from the mouth of Little River (North 34° East) fourteen miles *^= xiv.;'o95.' 
and sixty chains to a point, and thence (North 40° East) nine- 
teen miles and thirty-eight chains, or until it intersects Saluda 
River at a point one-fourth of a mile above Island Ford ; on the 
Northeast by Newberry County, from which it is separated by the 
Saluda River ; on the Southeast by Lexington and Aiken Coun- 
ties, from which it is divided by a line drawn from Rocky Creek, 
on Saluda River, in the direction of Silver Bluff, on Savannah 
River, to where such line intersects the South branch of Chin- 
quepin Falls Creek (a tributary of the North Edisto River), and 
thence to the mouth of Fox's Creek, where it intersects the 
Savannah River. 

Sec. 475. iW.) FAIRFIELD COUNTY is bounded as fol- Fairiieui coun- 

lows : On the North by Chester County, from which it is divided {i',\,ndS^'* 

by a line running from the mouth of Hockv Creek, on the Ca- „1^''. '";'-; .L' 
'' "^ _ ■ -111 ; > II., iii9, 

tawba River, to the mouth of Sandy Kiver, on Broad River ; on ■■»^- 



180 CIVIL STATUTE LAWS 

A. D. 1894. 

^" — v"^ the West and Southwest by Broad River, by which it is separated 
from the Counties of Union, Newberry and Lexington ; on the 
South by Kic'lilaiid County, from which it is divided by Little 
RivtT, from its mouth up to ii point about half a mile above the 
pLantation of Mr. Sliatfer (one mile above the mouth of Shaffer's 
Creek), and a line runninir from thence in a direct course to the 
Round Top, near Doliertie's Mill ; on the East by the Counties 
of Kershaw and Lancaster, from which it is divided by a line 
drawn from the last mentioned point, Round Top, (North 18° 15' 
East) fourteen miles and twenty-three chains, to the intersection 
of Wateree River, where Cornell's Creek enters it, thence up the 
Wateree and Catawba Rivers as high as the mouth of Rocky 
Creek. 
Fiorencecoun- Sec. 476. FLORENCE COUNTY is bounded as follows: 

bViunciaries. Beginning at Sanders' Bridge on Lynch's River, running an air 

i8cw?'^,"507; li"G to the point where the Cheraw and Darlington Railroad 
15., 517. crosses High Hill Creek, thence down High Hill Creek to its 

confluence with Black Creek, thence up Black Creek to Muse's 
Bridge, thence following the direction of a straight line running 
from Muse's Bridge to Cashua Ferry to Back Swamp, thence 
down Back Swamp to Herring Creek, thence down said creek to 
its confluence with the Great Pee Dee River, thence following 
the said Great Pee Dee River down to its intersection with 
Lynch's River, thence following said Lynch's River up to a point 
at and above Anderson's Bridge, thence in a straight line West- 
ward to the Williamsburg and Clarendon County line so as to 
embrace twenty-eight square miles of the territory of Williams- 
burg County, thence following said Clarendon and Williamsburg 
County line in a Southwesterly direction to its intersection with 
what is known as Centennial road, thence following said road in 
a Westerly direction to Hudson's Mill, thence running in a 
Northerly direction a straight line to a point on the Clarendon 
and Sumter County line at Wood's Mill, thence following the 
Clarendon and Sumter County line in Northeasterly direction to 
Lynch's River, thence following the said L}Tich's River up to 
Sanders' Bridge, the beginning corner. 
Georgetown Sec. 477.^-4^«?.) GEORGETOWN COUNTY is bounded as 
SrbouSes" follows : On the North and Northeast by Marion and Horry 
iv.,_u(;2: v.. Counties, from which it is separated as follows: from Marion 
m,ii. ' " County by the Great Pee Dee River, from Britton's Ferry to its 
junction with the Little Pee Dee River ; from Horry County by 
the Great Pee Dee River, from its junction with the Little Pee 



OF SOUTH CAROLINA. 181 

A. D. i(m. 

Doe to its junction with Hull (.'rijck. and tlicnce by siiid creek to ' 

Waccamaw River, und thenco by said river down to a point about 
balf a mile below Prince's Creek, and tbence by a line running 
(\orth HCjk° East) five miles and sixty-seven chains to a ccMhir 
post on the seasliore, phmted at low water mark ; on the South- 
east by the Atlantic Ocean, including all the islands between the 
last mentioned cedar post and the mouth of South Santee River; 
on the South and Southwest by the Counties of C'harleston and 
Berkeley, from which it is separated by the South Santee and 
Santee Rivers as far up as Leneud's Ferry ; on the West and 
Northwest by AVilliamsl)urg County, from which it is divided by 
the main road leading from Leneud's Ferry, on the Santee River, 
across Potato Ferry (on Black River), to Britton's Ferry, on the 
Great Pee Dec. 

Sec. 478. {4!-^-) GREENVILLE COUNTY is bounded as Green viiie 
follows : On the North by the North Carolina line ; on the East anuS'dart^" 
and Southeast by Spartanburg and Ijaurens Counties, from which vii., 245. 2*1. 
it is divided as follows : from Spartanburg County, by a line 
commencing on the North Carolina line at a stone marked "S. 
C," on the East side of Blackstock road, near the Tryou Moun- 
tain, and running (South 2° East) twenty-two miles and sixty- 
four chains, or until it intersects the Enoree River at Abner's 
Mill ; thence down the Enoree River, to a point about one mile 
and three-quarters below Anderson's Bridge (the corner of Green- 
ville and Laurens Counties) ; from Laurens County, by a line 
commencing at said point (opposite Zadock's Ford) and running 
(South 17° West) eleven miles and sixty chains to a point, thence 
(South 4° East) three miles and forty-five chains to a water oak 
marked " L. G." on Reedy River, thence running to the mouth 
of Line Creek, where it enters the Saluda River ; on the West by 
Anderson and Pickens Counties, from which it is separated by 
the Saluda River. 

Sec. 479. i-^O.) HAMPTON COUNTY is bounded as fol- Hampton 
lows: On the Northeast by Colleton County, from which it is u,"d°ii^undari»^" 
separated by the Combahee and Salkehatchie Rivers; on the is^, xvi., s:5. 
Nortliwest by Barnwell County ; and on the South by the centre 
line of the track of the Savannah and Charleston Railroad, sepa- 
rating it from Beaufort County, of which it was once a part. 

Sec. 480. (4^ J.) HORRY COUNTY is bounded as follows : Horry county; 
On the Southeast by the Atlantic Ocean, a line of thirty-one b^uudmies. "* 
miles; on the Northeast by the North Carolina line, beginning ^^'^'^'^'^= ^•• 
at a cedar stake (marked with nine notches) on the seashore of 



182 CIVIL STATUTE LAWS 

A. D. 1801. 

'^-'^^ "' Goat Island, about one and a quarter miles East of the mouth of 
Little River, and running from thenoe until it intersects Lumber 
Kiver (uboiit five and a foiirtb miles to the East of Xewsom's 
Ferry) ; on the West and Soutliwest by Marion and (Jeorgctown. 
Counties, from which it is separated as follows : by Lumber 
River to Little Pee Dee River, thence by Little Pee Dec River to 
its junction with (Jreat Pee Dee River, thence by (Ireat Pee Dee 
River to its junction with Bull Creek, thence by said creek to 
the AVaccaniaw River, and down this river to a point about half a 
mile below Prince's Creek, and thence Ijy a line running over to 
a cedar post on tlie seashore (North 86^° East) five miles and 
sixty-seven chains. 
Kerehawcoun- Sec. 481. {¥^2-) KERSHAW COUNTY is bounded on the 
twundarto! ^^'^ Southeast by Sumter County, from which it is divided by a line 
m-'\^\V' ro' beginning at Spivey's Ferry, on Lynch's River, and extending 
284; IX., 886. ' (South 45° Wcst) about twenty-four miles, or until it intersects 
the Salisbury road in Col. D. Stark's plantation, from thence 
(South 84° West) about one mile to Big Swift Creek opposite to 
Raglin's Gut, and thence by this gut to Wateree River ; on the 
Southwest by Richland County, from which it is divided by a 
line beginning at the Wateree River opposite to the last men- 
tioned point and running (South 66° West, or by Raglin's 
Creek,) to Spear's Creek, thence up Raglin's Creek to its head, 
thence by a straight line (North 40|° West) ten miles seventeen 
chains, thence (North 56^° West) one mile fourteen chains to a 
point over Rice Creek, on Peay's plantation, nearly half a mile 
above the fork of Twenty-five Mile Creek ; on the West by Fair- 
field County, from which it is separated by a line drawn from 
the last mentioned point (North 18^° East) twenty-three miles 
fourteen chains, or until it intersects the Wateree River, and up 
the said river half a mile above Peay's Ferry ; on the Northwest 
and North by Lancaster County, from which it is divided by the 
following lines : beginning at the AVateree River half a mile 
above Peay's Ferry and running (North 47° East) nine miles 
thirty-seven and a half chains, thence (North 47° East) forty- 
seven chains to the Beaver Creek road, thence (North 7"-24° 
East) seventy and a half chains, thence (North 48° East) two 
miles sixty-three chains, or until it intersects Lynch's River, 
about ten chains above Harrison's Ford ; on the Northeast by 
Chesterfield and Darlington Counties, from which it is separated 
by Lynch's River, down to the place of the beginning. 



OF SOUTH CAROLINA. 183 



A. l>. IMJI. 

Sec. 482. (i->-) LAXCAS'l'Ki: COUNTY is IxMiiidcl as ' — ■■ — 
follows: on the North hy the North ('arolina line : on the West coiinty; location 
by the Cjitawha River and \V\u, Sugar Creek from the jioint where ' ihts^xv.. 42..; 
it enters said river to the intersection of the North Carolina line, ('.^'.'^v T" *t!s^- 
which separates it from the ('ounties of York, Chester and Fair- ^'•i-2«4. 
Held ; on the South hy Kershaw County, from which it is 
divided hy a line licuiiiuiuLi' at a |i()int on the Wateree River 
lialf a mile above Peay's Ferry and ruiniing (North 47° Fast) 
six miles and thirty-seven and a half chains, thence (North 74° 
East) forty-seven chains, thence (North 72^° East) twenty chains 
and thirty links, thence (North 48° East) sixty-three chains to 
where the Rocky River road crosses the Hanging Rock Creek, 
thence South, following the road to Camden, down to a point 
ojiposite to ]\[iller's house, or at the head of a branch of Hanging 
Rock Creek, thence (North 02^° East) fourteen and a half miles, 
or until it intersects Lynches River at Harrison's Ford ; on the 
East by Chesterfield County, from wliicb it is separated by 
Lynch 's River. 

Sec. 483. (#^.) LAURENS COUNTY is bounded as fol- Laurens coun- 
lows : On the South Avest by the Saluda River, by which it issepa- bonnd?ri«,°. "° 
rated from Abbeville County ; on the Northwest by Greenville ^jj)^^'^^*^'''^; jY' 
County, from which it is divided by a line commencing at the *^- 
mouth of Line Creek where it enters the Saluda River, and run- 
ning five miles and forty-five chains to a water oak marked 
'^L. G.," on Reedy River, thence (North 4° AVest) three miles 
and forty-five chains to a point, thence (North 17° East) eleven 
miles and sixty chains to the ford on Enoree River opposite 
Zadock's Ford ; on the Northeast by the Enoree River, which 
sejiarates it from Spartanburg and L'nion Counties ; on the 
Southeast by Newberry County, from which it is divided by the 
old road leading from Odel's Ford, on Enoree River, to Island 
Ford, on the Saluda River. 

Sec. 484. {'iii5.) LEXINGTON COUNTY is bounded as Lexington 
follows : On the North and Northeast by Fairfield and Richland aiTu-I^Ke" 
Counties, from which it is separated bv the Broad and Congaree ,4^'-'.,ii'** v\- 
Rivers ; on the Southeast by Orangeburg County, from which it i'f' = \ ' '•• r^« 

" ^ ^ '' so; XIV., 1)95. 

is divided by Beaver Creek, from iti5 mouth to the liead of its 
main branch, and then l)y a direct line to the mouth of the Cedar 
I'ond Branch, on thcNortli l-'ork of Edisto River ; on the South- 
west by Aiken County, from which it is sei)arated by the North 
Fork of Edisto River, to the mouth of the South branch of Chin- 
quc])in Falls Creek, and then by said creek to a point where it 



184 CIVIL STATUTE LAWS 

A. D. ISM. 

'"■"^^' ' intersects the line drawn from Silver BluflF, on the Savannah 

Kiver, to the mouth of Kooky Creek, on Saluda River ; on the 

Northwest by Edgi'lield and Nuwherry Countii's, from which it 
is divided by a line drawn Iroin Silver BlulT, on Savannah River, 
to the mouth of Rocky Creek, on Saluda River, and thence, on 
the s;iini' i-ourse, to Broad River. 
Marlon (oanty; Sec. 485. U-''^'-) MARION COUNTY is bounded as follows : 
iwunuuries. ""*' ^^ ^^^^ Northeast by North Carolina, beginning at Lumber River 
^^i^'-. ^9^; VII at the Northwest corner of Horry County, and running (North 
xii'., 7B5, 835; 47-^° West) tiiirty-oue miles and thirty chains to a point desig- 
i^->' XX.! 597; nated by a dead pine tree, near McKenzie's house, half a mile 
South and Southeast from the road leading from the Red Bluff 
(on (Jreen Swamp) in Marlboro County; on the Northwest by 
Marlboro County, from which it is separated by a line beginning 
at the said pine tree on the North Carolina line and running 
(South 22^° West) to the Great Pee Dee River, thence down the 
Great Pee Dee River, which divides it from Florence, Williams- 
burg and Georgetown Counties, to the mouth of the Little Pee 
Dee River, thence up the Little Pee Dee and Lumber Rivers, 
separating it on the East from Horry County, the point of begin- 
ning on sjiid Lumber River, 
jiariborpcoan- Sec. 486. (4^7.) MARLBORO COUNTY is bounded asfol- 
tJ;undaries°^°'^ lows : Ou the Northeast and North by the North Carolina line; 
iv^t^o; VII., on the Southwest by the Great Pee Dee River, which separates 
it from the Counties of Chesterfield and Darlington ; and on the 
Southeast by ^Marion County, from which it is divided by a line 
drawn from a dead pine on the North Carolina line (South '2'H° 
West) twenty-four and three-fourths miles until it intersects the 
Great Pee Dee River. 
Newberry Scc. 487. {4^^-) NEWBERRY' COUNTY is bounded as 
andloun^aries! follows : On the Northwest by Laurens County, from which it 
i99^248^y/&i4 ^^ divided by a line beginning at the Island Ford, on Saluda 
River, and running thence along the old road to Odel's Ford, on 
Enoree River ; and on the North by a line commencing at Odel's 
Ford, on Enoree River, and running thence down Enoree to 
Anderson's Ford ; thence along the road to Hill's Ford, on Tyger 
River, thence down the same' to the mouth, thence down Br»)ad 
River to Hughey's Ferry, by which it is separated from Fairlield 
County ; and on the Southeast by a straight line drawn from 
Hughey's Ferry, formerly Ruff's, (South 1TJ° West) sixteen 
miles and twenty-three chains, or until it intersects the Saluda 
River opposite Rocky Creek, and thence up the Saluda River to 
the place of beginning. 



OF SOUTH CAROLINA. 185 

■ A. D. 1801. 

Sec 488 (-4Jv'.9.) OCONEE COUKTV is Ijounded us follows: " -^ ' 

On the l\orth by thersortli ( urolinii line ; on the hii.st bv rickeiis i.M-ation and 
County, from wliicb it is divided l)y u line eovennj^ tlie Soutljern j^^r^ xv.. lou; 
bniiiidary of the State of North Carolina where the Toxaway Jji,";^jjV'e„*'; 
Kiver enters this State, and thence down tlie centre of said river, '^rt.ii.. S3, 
by whatever names known, to Itiivenel's Bridge, on Seneca Kiver, 
and thence along the centre of the road leading to Pendleton 
village, until it intersects the line of the County of Anderson; 
on the South by Anderson County, from which it is divided l)y a 
line commencing at the mouth of Cane Creek, on Tugaloo Kiver, 
and running thence along the line which originally sei)arated 
Anderson from Pickens District to its point of intersection with 
the [iiihlic road leading from KavenePs Bridge to Pendleton vil- 
lage ; on the West and Northwest by the State of Georgia, from 
which it is separated by the Tugaloo and Chatooga Kivers. 

Sec 489 {Jf30.) ORANGEBURG COUNTY is bounded as oraDgeburg 

wvvv^. ^y^^,. v-r / , T,. ,, 1 -n.- 1 1 1 i r,i County; location 

follows: On the ISorth and Northeast by Richland and Claren- andixjundaries. 

don Counties, from which it is separated by the Congaree and m-j,' at^; ati'- 

Santee Rivers ; on the Southeast by Berkeley and Colleton ^'^'•' ''"^■ 

Counties, from which it is divided by a line drawn (South 52° 

West) from Nelson's Ferry, on the Santee River, to Matthew^s 

Bluff, on the Savannah River ; on the Southwest by Barnwell 

County, from which it is separated by the South Edisto River ; 

on the Northwest by Aiken and Lexington Counties, from which 

it is divided by a direct line drawn from A. J. Weathersbee's 

old mill, on the line between Barnwell and Aiken Counties, to 

the point where the Cedar Pond Branch empties into the North 

Fork of the Edisto, and by another direct line drawn from said 

point where the Cedar Pond Branch empties into the North 

Fork of the Edisto to the head waters of the main branch of 

Beaver Creek, thence down said creek to its junction with the 

Congaree River. 

Sec 490 Uio]-) PICKENS COUNTY is bounded as fol- pi.-kens coun- 

lows : On the North by the North Carolina line ; on the Last l)y boundaries. 

Greenville County, from which it is separated by the Saluda .2J.i;^'l'\^vVi.; 

River ; on the South by Anderson County, from which it is '^/^ %\l ^^' 

divided by a line beginning at the mouth of Cane Creek on the 

Tugaloo River, and thence running to the point where pjghteen 

Mile Creek is crossed by the road leading from Pendleton to 

llagood's Store, and thence to the mouth of George's Creek, on 

the Saluda River ; on the West by Oconee County, from which 

it is divided by a line leaving the Southern boundary of the State 



186 CIVIL STATUTE LAWS 

A. D. 18M. ' 

"■^ — V ' of North Carolina where tlie Toxiiwuy enters this State, and 

thence down the centre of said river, by whatever names known, 
to Kavenel's Bridge, on Seneca River, and thence along the 
centre of the road leading to Pendlet(jn village until it intersects 
the line of the County of Anderson. 
Riciiiand Sec. 491. {4'^^.) RICHLAND COUNTY is bounded as fol- 
amrixmnd^^" l(>w.< : On the East by Sumter County, from which it is separated 
29t/§2"*^v ^ivj ^y *^^^ Wateree River ; on the North by Kershaw and Fairfield 
3^"- Counties, from which it is divided by a line beginning at the 

mouth of Raglin's Creek where it empties into the Wateree 
River, and thence up Raglin's Gut and Creek to its source, 
thence by a straight line (North 50° West) twelve miles and six- 
teen chains to a point designating the comer of Kershaw and 
Fairfield Counties, (which lines form the boundary of Kershaw 
County,) thence by a straight line drawn (North 88° West) 
seventeen miles and forty chains to the intersection of Little 
River about one mile above the mouth of Shaver's Creek, and 
down said river to its junction with Broad River (which separates 
it from Fairfield) ; on the West and South by the Counties of 
Lexington and Orangeburg, from which it is separated by the 
Broad and Congaree Rivers. 
Spartanburg Sec. 492. (433.) SPARTANBURG COUNTY is bounded as 
and°tL^uS^° follows : On the North by the North Carolina line ; on the West 
IV.. U6i;vu., jjy Greenville Countv, from which it is divided bv a line com- 
mencing on the North Carolina line at a stone marked " S. C," 
on the East side of Blackstock's road, near the Tryon Mountain, 
and running (South 2° East) twenty-two miles and sixty-four 
chains, or until it intersects the Enoree River at Abner's Mill 
on said river, thence down the Enoree River to a point about one 
mile and three-quarters below Anderson's Bridge (the corner of 
Greenville and Laurens Counties) ; on the Southwest by the 
Enoree River, down to a dead Spanish oak below Head's Ford, 
and a little above the mouth of a small creek which divides it 
from Laurens County ; on the Southeast by Union County, from 
which it is divided by the following lines ; beginning at the dead 
Spanish oak on the North side of Enoree River, and running 
(North 12° East) three miles and twenty-six chains, thence 
(North 17° East) two miles and twenty-eight chains, thence 
(North 6^° East) eleven miles and fifteen chains, crossing Tyger 
River, to Fair Forest Creek, thence (North 33° 45' East) six 
miles and thirty-seven chains to Pacolet River, a little l)elow 
Gist's Mill, thence (North 29° East) fourteen miles and four 



OF SOUTH CAROLINA. 187 

A. D. IMIJ, 

chains to a point on the West hank ol" iJioad River a little above '^"""^^'""^ 
the mouth of Cherokee Creek ; and on the Northeast by Brf»afl 
River, up to the North Caroliua line, the point of beginning, 
whi(!h divides it from ^'ork County. 

Sec. 493. i'rU.) Sl'MTKR C()UNTY is bounded as follows : gun^ur Co..n- 
()u the Northeast by Darlington County, fn^m which it is sepa- [^[/unJL^rie" ""'^ 
rated by Lynch \s River ; on the Southeastby Clarendon County, y.?"^*"' ''• 
from whioh it is divided by the following lines : (see Northwest 
line of Clarendon C!ounty) ; 07i the West by the Santee and 
Wateree Rivers, which separate it from Orangeburg and Rich- 
land Counties ; on the Northwest by Kershaw County, from 
which it is divided by a line runiiing up Raglin's Gut to Big 
Swift Creek ; thence (North 84° East) over the road leading to 
Statesburg, and thenc« (North 84° East) twenty-four miles, or 
until it intersects Lynch's River at Spivey's Ferry. 

Sec. 494. {4-33.) UNION COUNTY^is bounded as follows : union county; 
On tlie Northeast by Broad River, which separates it from York, bo undaries. 
Chester and Fairfield Counties ; on the Northwest by Spartan- a^^"'*^"'* ^"" 
burg, from which it is divided by the following lines : beginning 
at a point on Broad River one-half mile above the mouth of 
Cherokee Creek, and running thence (South 20° West) to Paco- 
let River, thence (South 33f ° AVest) to the intersection of Fair 
Forest Creek, thence (South 6|° West) across the Tyger River 
to Hackett's Creek, thence (South 17° West) two miles twenty- 
eight chains to the Cross Keys Road, thence (South 12° West) 
to a dead Spanish oak on the North bank of the Enoree River, 
a little above Musgrove's Ford, opposite Gordon's Mills ; on the 
Southwest by Laurens and Newberry Counties, from which it is 
divided by the Enoree River, down to Avery's Ford, thence by 
the road to Crenshaw's Ford, on the Tyger River, thence down 
said river to its junction with the Broad River, which forms its 
Southeast boundary. 

Sec. 495. (4361) WILLIAMSBURG COUNTY is bounded wnuamsbuiv 
as follows : On the Southwest by Berkeley County, from which nn""Mmndime!! 
it is separated by the Santee River ; on the Northwest bv Claren- . '^'•\."J'-^= J-' 
don and Florence Counties ; and is divided from Clarendon 7*!i: '**';'' JJ- 

' Ho ; ISS'.i, XA., 

County, and in part from Florence County, by a line commenc- •><^~: /'>■, sn. 
ing at a point on Santee River, extending across into l^erkeley 
County (South 224^° West) until it intersects the line dividing 
St. John's Berkeley and St. Stephen's Parishes at the Santee 
River; thence (North 22^° East) — with very little variation at 
Black River — to where the line of Florence County, running 



188 CIVIL STATUTE LAWS 

A. D. ISM. ■ 

""■^ V Westwardly from Lynch's Kiver, intersects said line ; thence 

Easterly on Florence County to a point at and above Anderson's 
Bridge on said Lynch's River, so as to cut off twenty-eiglit square 
miles of tlie territory of Williamsburg County for Florence 
County ; thence down said Lynch's River, which separates it on 
the North from Florence County, to its confluence with the 
Creat Pee Dee River; thence down the Great Pee Dee River, 
which separates it from .Marion County, to the road leading from 
Britton's and Bradley's Ferry, on said Great Pee Dee River, to 
Leneud's Ferry on the Santee River, the said road being the 
boundary line on the Southeast, separating it from Georgetown 
County. 

York county; Sec. 496. {-'^37.) YORK COUNTY is bounded as follows : 
iSixndaries. '"'^' ^^ ^^^^ ^^'^''^^^^ t>y the North Carolina line ; on the West by the 

I., K«; IV., Counties of Spartanburg and Union, from which it is separated 

C62'V318* 

yii.,'2S4; XV.! by Broad River ; on the South by Chester County, from which 
it is divided by a line beginning at a hickory tree, on the South- 
west side of the Catawba River, about ten chains above the 
mouth of Ferrill's Creek, and running (netirly South 88° West) 
by an old line called and known by the name of the Line of the 
New Acquisition, to an ash and black gum on tiie bank of Broad 
River, on Robert Elliott's land ; on the East by the County of 
Lancaster and the North Carolina line. 
Property of Scc. 497. {-'i38.) Real and personal estate heretofore con- 
^■T^^xiv ni ^®y^*i ^y ^^y form of conveyance to the inhabitants of a County 
§36. or District, to a Committee, or Commissioners, or other persons, 

or existing in a County or District for the use and benefit of a 
County or District, shall be deemed to be the property of such 
County ; and such conveyance shall have the same force and 
effect as if made to such County by its corporate name. 
Public officers Sgc. 498. {Jf39.) The public officers having by law the care 
pubLcfbuUdlngs ^.ud custody of County buildings are authorized to insure the 
same!'^*'^^ ^^^ Same at the expense and for the benefit of the County owning 
lb., §32. the same. 

County prop- SgC. 499. m^-) All County poor farms, poor houses and 
fiim^ levyTou ^^ospitals, court houses, jails, and all other public property of 
^^ every kind or description, actually used as such, are forever 

1874 XV 686. ' i ' .' ' 

* exempt from attachment, levy and sale on account of any judg- 
ment, lien or claim whatsoever against the County to which they 
or any of them belong. 
Fteuminary Sec. 500. Whenever it is desired to incorporate a new Countv 

publication ««'*'• vrw. x 

necessary f o r in this State, it sliall be the duty of those petitioning for same 

formation of j r r-> 

new Counties, to publish, in oue or more newspapers in each County from 



OF SOUTH CAROLINA. 189 

A.D. lHft4. 



wliicli it is proposed to take any territory, for at least three ' ' 

iiioiitli.s hufoH! tlie iiicotiii*^ (tf tlio Lcf^islaturu when same is to 
1)0 applied for, a statonieiit of the proposed County line in said 
County, and shall also have made a survey of the territory jtro- n,^',7un<i''um'*i 
l)osed to be taken and file same in the office of the Socrutarv of "''"'• 
state for at least thirty days before the meeting of the Legisla- 
ture when the charter is to be applied for. No charter shall be ^ ^'o fhnncr to 

*^ . be granted 

granted or such new Countv formed unless the foregoing ])rovi- wuh..iit. 

, 1 T 1 "-il 18W, XXI., 407. 

sions have been coniphed with. 



TITLE VI. 

OF STATE AND COUNTY OFFICERS. 



Chapter XVIII. — General Provisions Relating to Public 

Officers. 
Ch.\.pter XIX. — Tlie Executive Department and Officers 

Co n n ected TJi ere iv itJi . 
Chapter XX. — County Officers. 



CHAPTER XVIIL 

General Provisions Relating to Public Officers. 

Article 1. Official oaths and bonds. 
Article 2. Sales of public offices. 
Article 3. Miscellaneous provisions. 



ARTICLE 1. 
Official Oaths and Boxds. 

Sec. I Sec. 

601. Oath against duelinf? ; required of all | 603. Clerics to receive blanks and ffive to 

o(T1c(!re. ^ officers. 

502. Additional oiith of County offlcere in 507, Sureties; number of ; residence; con- 
respect to sbiiriuK proQt-s. trlbutlon among, Ac. 

503. Additl(jnal uatlis by SheriUs, Ac, In 508. By whom bonds must be examined 
resiMict to gamlnK and approved. 

504. Form of bond to be given by ail pub- | 500. Wbo to approve form and execution 
iic oQicers. of ; where deposited. 

505. Printed forms of bonds; who to pro- 610. Bonds of County oflleem to be n.'- 
curc and distribute. 1 corded. 



190 CIVIL STATUTE LAWS 

A. D. ISW. ~ 

■•— --.'■^^ SKC. I 8EC. 

511. Annual examination of ; by whom; fil6. Pror«*edlnK8 when new bond re- 
and prxK-ecdlnp* Uiken. quired and default under; vacancy 

512. County Coiuinlsaloners to examine declared. 

and report annually upon sufficiency 517. Bond of surety company authorized ; 

of County officers' bonds. ' payable to the State. 

518. Surety on bonds ; certlfled copies In 518. Foreign companies may write bonds 

evidence. I on compliance with law. Deposit of 

514. Distribution of public moneys re- ' bonds. 

covered on bond of officer, Jkc. | 510. Judmnent to be paid out of bonds de- 

515. Sureties desiring relief ; how to pro- posited ; deposit to be maintained, 
ceed. 

Oath against Sectioil 501. {W-) All officers now required to take and 
quired' o^'a'^fl ''"^''^'-■'■i'j^' ^Ik' oath prescribed in Article II., Section 30, of the 
officers. Constitution of the State shall, in addition thereto, take tiie 

ISSt). XVII., ' ' . 

50-2, 13. following oath before entering upon the duties of their respective 

offices, to be administered in like manner as the oath now re- 
quired : *' I do solemnly swear (or affirm, as the case may be,) 
that 1 have not, since the first day of January, A. D. 1881, en- 
gaged in a duel within or without the State, either as principal 
or second, or been present thereat as a party thereto in behalf of 
either of the principals in such duel, and that I will not during 
the term of office to which I have been elected (or appointed, as 
the case may be,) engage in a duel as principal, or aid and abet 
in such duel as second, or as a party thereto, in behalf of either 
principal or otherwise '," to which shall be added, in the case of 
all officers charged with the preservation of the peace, the fol- 
lowing : '"And I will, to the extent of my ability, enforce the 
penalties prescribed by law against dueling, and will not fail to 
bring to justice all persons offending against the said law that 
may come within my view or knowledge.*' 
Additional Scc. 502. {H^-) Each County officer, elected or appointed, 
officers \n^v% sli^H? before entering upon the duties of his office, in addition to 
^r^U* sharing ^he Other oatlis required by law, including the oath with regard 
"T829, VI., 3*1, to dueling, take the following oath : "I, A B, swear (or affirm, 

84' 1839 XI 38 ' ■! \ ' 

§2. ' " ' as the case may be,) that I am under no promise, in honor or 

law, to share the profits of the office to which I have been elected, 

(or appointed, as the case may be,) and that I will not, directly 

or indirectly, sell or dispose of said office or the profits thereof ; 

but will resign, or continue to discharge the duties thereof during 

the period fixed by law, if I so long live. So help me God." 

Additional Sec. 503. {17-30.) Sheriffs and their deputies, Coroners and 

sheriirl^&c„**in their deputies, and Trial Justices and Constables, shall, before 

respect to gam- ^^^^ |-jg qualified to act in their respective offices, severally take 

i8ig;vi.,27,§8. the following additional oath : '' I, A B, do solemnly swear (or 



OF SOUTH CAROLINA. 191 

A. D. ISO*. 



allirm, as tliu cast- may be.) tliat in the execution of tlie office to """ 
which 1 liave been elected (or appointed) 1 will, to the best of 
my al)ility, enforce the penalties prescribed by law aj^uinst gaming 
and the kee{)ing of gaming tables, and will not fail to bring to 
justice all violations of the same that may come within my view 
or knowlcdixe. So helj) me (^od." 

Sec. 504. {4-i'-''-) ''he bond given by any person elected or 
a})i)ointe(l to any (jtHec for which bond is required shall be of 
the form following : 

'' State of South Carolina. 

''Know all men by these presents, that we (here insert the Form of bond 
iianiee of the person and his sureties) are held and firmly bound u'li pubiiV^offl- 
unto the State of South Carolina, in the penal sum of (insert the is2»Ti~»w^ 
amount required by law) dollars, to the payment of which, well 
and truly to be made, we bind ourselves, and each and every of 
us, our heirs, executors and administrators, firmly by these pre- 
sents. Sealed with our seals, and dated this (insert the dayj day 
of (insert the mouth) Anno Domini one thousand eight hundred 
and (insert the year) and in the (insert the year) year of the In- 
dependence of the United States of America. 

** Whereas, the above bound (insert the name of the person 
appointed or elected) hath been appointed (or elected, as the 
case may be,) to the office of (insert the office.) 

''Now, the condition of the above obligation is such that if 
the above bound (insert the name of the person appointed or 
elected) shall well and truly perform the duties of said office, as 
now or hereafter required by law, during the whole j^eriod he 
may continue in said office, then the above obligation to be void 
and of none effect or else to remain in full force and virtue. 

, [L. S.] 

" Sealed, and delivered in presence of : 
" [Here place names of witnesses.] 



Execution of. — Commissioners v. Yongnc, 1 Brev., 22\ Commissioners v. 
iluse, '.i Brev., 1.50 ; Comptroller v. Waring, 8 Dess., .57. Liability ou, for fail- 
ure of duty. — Commissioners v. Moore, 'iBrev., 51 ; Treasuru v. Maijrant, 2 
Brev., 2"J8 ; Treasurers v. Moore, 1 N. «te McC, 214 ; Treasurer v. Bates, 2 
Bail., 'Hhi ; Treasurer v. Burch, 2 Hill, 51!) ; McCauley v. Heriot, Riley Eq., 
19; Williamson v. King, McM. Eq.,41 ; Treasurers v. Osuald, 2 Mcil., 14.5; 
Treasurers y. Clotvney, 2 McM., 510; Treasurer v. DeSaussure, li Spcer, ISO ; 
Lowndes v. Pinckney, 1 Rich., Eq., 1.55; MrKenna v. Secrest, 4 Strob. Eq., ItJO; 
Reynolds v. Timmons, 7 S. C, AH\; GncnxiUe County v. Bunion, ".» y. C, 1 ; 
State V. Baldwin, 14 S. C, lo5 ; Tinslcy v. Kirlnj, ITS. C, 8 ; State v. Moses, 



19-2 CIVIL STATUTE LAWS 

A. D. 1R94. 
■ V ' 18 S. C, 372 ; Ih., '20 S. C, 470 ; SHafe v. Lahe, 80 8. C, 48 ; Strain v. liahh, 

;iO S. C, :i4'2. Period covered by. — CovntiitisionerH v. Greenwood, 1 Dess., 450 ; 

Commissioners v. Boifuet, 1 Diss., T)'.)'.* ; Treasury v. Mayi-ant, 2 Brev., 228; 

Catx>lina Society v. Johnson, 1 McC'., 41 ; Treasurer v. Lany, 2 Bail., 430; 

Treasurer v. Ihnvis. 1 Hill, 2H2 ; r«j»(//m v. Evans, 1 Hill Ch., 414 ; .S'o. TVi. v. 

Smith, 2 Hill, 580 ; Posey v. liamey, 4 6trob., 20 ; Street v. Laurens, 5 Rich. 

Eq., 227 ; 6f/afe v. Moses, 20 S. C, 470. Action on. — Commissioners v. McKie, 

1 N. & McC, 575 ; Commissioners v. Nexifnj, 1 McC, 184 ; Treasurer v. Tl'iy- 
f/in.s, 1 McC, 5()8 ; r>Yasu»vr v. Bates, 2 Bail.. 302 ; II,., 1 Hill, 400 ; Ui7/ia>/..s v. 
King, McM. Eq., 41 ; Treasurers v. Osivald,2 McM., 145; Treasurers v. Jiivera, 

2 McM., 207 ; Treasrtrers V. BucJn^er, 2 McM., 32;^ ; Mitchell v. Laurens, 7 
Rich., 109 ; State v. Toomer, 7 Rich., 21(5; Greenville County v. Bunion, OS. 
C, 1; Slate v. Coswi, 11 S. C, 392; -4iA<'>i County v. 3/wrraj/, ^5 S. C, 508. 
Stat. Limitations. — Williamson v. King, McM. Eq., 41 ; Treasurersv. McBher- 
son, 3 McM., 69 ; Beynolds v. Timmons, 7 S. C, 4H() ; &'<a«e v. Z-afrp, 30 S. C, 
43 ; Strain v. Bahb, 30 S. C, 1^2. Judgment on. — Treasurer v. Moore, 1 N. & 
McC, 214; Treasurer v. Boss, 4 McC, 273 ; Treasiirerv. Burch, 2 Hill, 519 ; 
Ti'easurer v. Munday, 3 Hill, 107 ; Treasurer v. Buckner, 2 McM., 323 ; Norton 
V. Mulligan, 4 Strob., 355 ; Mitchell v. Laurens, 7 Rich., 109; Sfafe v. Moses, 
18 S. C, 373. Costs.— L^-s/fe v. Taggart, 2 McM., 71 ; 67a<e v. TriVcy, 2 Strob., 
113; Botvell v. Mulligan, 2 Strob, 379 ; lb., 4 Strob., 349 ; Strain v. i?o/j^, 30 
S. C, 342. Generally.— i)«n/ajj v. Bynum, 4 Dess., 640 ; Treasurers v. Stevens, 
2 McC, 107 ; Treasurers v. Boss, 4 McC, 273 ; Treasurers v. Burch, 2 Hill, 
519 ; McBee v. i/oAc, 2 Speer, 138 ; State v. Warwcr, 7 Rich., 225. 

Printed forms Scc. 505, {444-) It shall be the duty of the Comptroller- 
to procure and General to ascertain the number of officers in this State from 
distribute. whom bonds are required, and to cause an equal number of said 
bonds to be printed annually, at the exi:)ense of the State, having 
thereon the blank forms for the proper officers to approve securi- 
ties, and for probate ; and to distribute to each County, annually, 
a number of said bonds equal to the number of officers from 
whom bonds are required in said County, respectively. 
Clerks to re- Scc. 506. {44-5 ■) It shall be the duty of each Clerk to receive 
and give to'offl- the bonds for his County, and to deliver one to each person 

*^— gg^ elected or appointed to any such office, whenever called for. 

sureues- num- Scc. 507. {4^^-) The limit to the number of sureties allowed 
d^nc^^-' conu-i- ^^po° ^^ official bond shall in no case be more than twenty. Each 
bution among, surety may state in writing the amount of the liability assumed 
1868, XIV., 1!); by him, beyond which amount he sluill not be held. The aggre- 
' gate of the amounts assumed by all the sureties shall not be less 
than the penalty of the bond. In case of loss or default the sure- 
ties will be entitled, as between each other, to contribution in 
the proportion of their liability. The sureties on bonds of all 
County officers must be citizens of the County in which their 
principal resides ; and in the case of the Sheriff, Coroner, Clerk 
of the Circuit Court, Judge of Probate, and County Treasurer, 
their number shall not exceed twelve nor be less than two. 

State V. Yates, 3 Hill, 230. 



OF SOT'TH CAROLINA. 103 

A. I). IKM. 

Sec. 508. (-'/'>''' ''//• ■'/■''■'■) 'riic DH'K'ial l)uiiil <.r cucli ofticcrof ~ — ■' — ' 
the I<]x(.'cutivi' Di'piirtinciil iiiiist he siil)iiiit tcil lollic (ictvcninr 'miihLm mnsi 'im- 

... ■ rill i»' • I 1 I (• 11 /• i If » <'Xlltlllllccl unU 

for hi.s apprnviil. I lie oliiiMal Ixnuls nl all ( oiiiity ollicci.s tJi list approved, 
he examined ;iii(l :i|)|ii()vc(| or (lisapprovcd hy tlie County Board iHr^''"'(M;^ Shch' 
of ('omtiiissioners, exi'ept tlu-ir own l)oii(ls, wliicli must ho "v'v" ;";. "??♦ 
examined and api)rove(l or disap])roved hy thi' Clerk of tlie Court '"oa. xxi., isi. 
or the .Vttorncv-dcncral. In all cases in wliidi the Cuiinly 
Board of Commissioners refuse to approve the hond of any 
County officer, such officers may refer the same to the Attorney- 
General, and il' approved by him, after hearing evidence, they 
shall he accepted by the (V)uiity Board of Coinniissif)ners. 

State V. Yatrs. :! Hill. 2:M). 

Sec. 509. (//''•) '1'Ih' hoiids of all public officers of the State wnotoapprove 
shall, before they are accepted or recorded, be examined by the [•',^f,pi'''^^Jlg 
Attornev-Ceneral or by one of the Solicitors, wlio must certify '^'"P^*'"'^- 

•^ - 1877, XVI., 301. 

in writing upon the bond that he approves the form and execu- 
tion thereof ; when so examined, approved, certified and re- 
corded, the bond shall be deposited in the office of the Treasurer 
of the State of South Carolina. 

Sec. 510. {4W') Every County officer elected or appointed, Bonds of coun- 
\vl)o is retpured to give bond for the faithful performance of the n-cui-aMr ** 
duties of his office, shall, within thirty days after notification of g^j j'^'j^/J'-^^fJ^' 
his election or appointment, have his said bond recorded in the"***^- 
office of the Register of Mesne Conveyances for the County in 
which such officer resides, and the Register shall keeji a separate 
book, properly indexed, for the puri^ose of recording such bonds, 
which book shall be provided by the County Board of Commis- 
sioners ; and he shall be entitled to exact a fee from the public 
officer of one dollar for recording his bond. 

Sec. 511. (■^7', 44^-) All such official bonds shall be annually Annual ex- 
examined by a Board to consist of the Secretary of State, <^"omp- ",j"|",°'„',".°j„'(j 
troUer-deneral, and Treasurer of the State, except their own {^J^.'^.Y,"/''^ ' " *^* 

bonds, which shall \>v annually examined by the Governor. If issu, x 1 1 1., 

. 'isi ; isao, V 1., 

any surety on any such official bond should die. or depart i)erina- nr, «2. 

nently from the State, or if the said Board or the (iovernor, 

respectively, should, at the time of the examination, or at any 

other time, be of oi)inion that either of the said sureties is not 

worth as jnueh clear of debt as his proportion of the obligation 

to which his name is allixt'd, the said Board or the Governor, 

as the case may be, shall cause the said public officer whose 

surety h:is departed this life or removed from the State, or is 



194 CIVIL STATUTE LAWS 

A. D. mn. 

""" — V ' objected to for insufficiency of estate, to be notified of such 

exception ; and the said officer shall, within thirty days after the 
service of such notification, procure other surety Siitisfactory to 
the said Board or the (Jovernor. as the case may be. for such as 
have departed the State or died, but so as not to cancel or at all 
impair the original bond, or produce satisfactory evidence to the 
said Board or the (Jovernor, as the case may be, that the surety 
objected to as owning insufficient property, as aforesaid, is worth 
as much as his proportion of the said obligation, clear of debt ; 
or else the said officer shall procure such additional and sufficient 
surety or sureties as the said Board or the Governor, respectively, 
shall approve of ; and iu default of compliance with either of 
the said requisitions within the said thirty days, the office of the 
said defuultiug officer shall be regarded as vacant. 
County Board Sec. 512. It shall be the duty of the County Board of Com- 
et rominteioD- missioners in each and every County in the State to make an 

trs to examine •' « 

and repoit an- annual examination into the sufficiency of all the County officers' 

u u a 1 1 y upon 

sufflciency of bonds Within their respective Counties, and within ten days 

County oflScers' r ' j 

bonds. thereafter report to the Comptroller-General, to be laid before 

1693, XXI." 481! the State Board for its action according to law, any that may, in 

their judgment, be insufficient. 

Surety on Sec. 513. (i^O.) The bond of any public officer in this State 

^"^'j^"^^,^ may at all times be sued on by the public, any corporation or 

^^^ private person as^grieved bv the misconduct of such public officer, 

g5;'isuo,;xiii., for which purpose the officer, for the time being, with whom 
such bond may be filed, or in the case of the bond of a County 
officer the Register of Mesne Conveyances in whose office such 
bond may be recorded, shall deliver to the person making appli- 
cation at his office, on payment of the fees therefor, au exact 
copy, duly certified, of the bond there deposited or of record, as 
the case may be ; and the copy so certified shall be good and 
sufficient evidence in all suits instituted on such bond in any 
Court of this State. 

Treasui-er v. Witsell, 1 Speer, 220. 

Distribution of Sec. 514. {4'^J-) Whenever any officer of this State, charged 
public moneys ^-jth the care, collection or disbursement of public funds, is 

recovered on , / ^ _ 

^nd of officer, required to give bond to the State, and a recovery is had upon 
1873, XVI., 4. said bond, or any moneys are seized, levied upon or atttiched in 
his hands, or turned over or surrendered by such officer to the 
State Treasurer, upon his commitment to jail, under warrant 
from the State Treasurer, the moneys so recovered, seized, levied 
upon, attached, or surrendered, or turned over, shall be distrib- 



OF S(»r'ril ( 'A KM > LIN A. lor. 

A. D. iHttl. 



ut('(l Ijctwc't'ii tlic Stiitt', County, school, or otiicr s])ccilic fiiiKls, ^—"^^""^ 
in projiortiou to the .several amounts due h\ the said otticer to 
the State. County, school, or other specific funds, at the time of 
such recovery, seizure, attachment, levy or surrender. 

The provision.^ of tliis Section shall only apply to suits, seiz- 
ures, attaclwnents or levies by. or surrenders to, public officers, 
and not to suits upon the bonds of such oHicers brought by j)ri- 
vatc iudividuiils. 

Sec, 515. \\ hen any of the sureties of any ollicer electctd or sun-tifs df.. 
appoiiiti'<l to any office shall, in writing, notify the proper officer, how t" pr"w-.i! 
or olHcers. whose duty it is to ai)prove the bond of such officer, ^ i*'^. xx.. rsi. 
that they desire to be relieved from their suretyship, it shall be 
the duty of the officer, or officers, authorized by law to approve 
the same to require said officer to execute a new bond with 
security, whicli, when approved, shall be as valid as the original 
bond given on the election or appointment of such officer ; and 
the sureties upon tlie prior bond shall be released from responsi- 
bility for all acts or defaults of such officer which may be done 
or committed subsequent to the ajsproval of such new bond. 

Sec. 516. When any officer shall be required to execute a new prorwiinjrs 
bond, with security, as provided for in the preceding Sections, he re^Jfui^'ed^nd 
shall proceed forthwith to execute such new bond, and submit ^^'""" "if'*''' 

^ ' vacancy declar- 

the same for approval to the officer or officers authorized by law ^- 

lb. 784, S2. 

to approve the same, and if he shall fail or neglect to so execute 
and submit such new bond, or fail or neglect to execute and sub- 
mit a bond satisfactory to the said officer or officers authorized 
to approve the same within thirty days after having been re- 
quired so to do, the said officer or officers, as the case may be, 
shall forthwith report to the Governor of the State that such 
officer has been duly required, under the provisions of this and 
the preceding Sections, to furnish a new bond, and that he has 
failed so to do ; and upon being so informed, and upon receiving 
a certified copy of all the papers relative to the case, it shall be 
the duty of the Governor, by pulilic proclamation, forthwith to 
declare the office held by such defaulting olficcr vacant, and such 
office so made vacant shall be filled in the manner Jiow provided 
by law. 

Sec. 517. Any County or State officer, who is now or may Bond of sim'iy 
hereafter be required to give a bond conditioned for the faithful n,'"riz."i"^pa\I 
performance of his legal duties, with sureties, mav. in lieu thereof, ?M^'<L"-y" ?i*"^ 

*■ ^ 189* XXI 7fl 

secure and furnish a bond of indemnity, or policy of assuraiu-e 
t)r insurance, for the amount m)W or hereafter re(|uired by law 



lUG CIVIL STATUTE LAWS 

A. D. 1804. 

^" ^^ for such oHicer. written by a company duly ctn-porated and em- 

powered by law to execute bonds or policies of suretyship and of 
guarantee as^ainst loss by reason of defalcation, infidelity, mis- 
feasance <n' malfeasance on the part of the assured. Tlie said bond 
or policy shall be made payable, in case of loss, to the State. 
Foreipn com- Sec. 518. Any foreifjn company empowered by its home char- 
writ" bonc]s"ou ter to issue bonds or policies of suretyship may write said bonds 
with' luw ;" Ii e- iu this State : Provided, That they comply with the law now of 
^//'"rr"'^ force in this State regulating foreign insurance companies; all 
of which law as now of force is hereby made applicable to com- 
panies issuing bonds or policies of suretyships: And provided, 
further. That any such foreign company desiring to do business 
in this State shall first buy and deposit with the State Treasurer, 
or with such banking or trust company in the State as may be 
agreed upon by the said State Treasurer and such foreign com- 
pany, the sum of twenty-five thousand dollars in State or United 
States bonds, as a guarantee of the solvency of said company ; 
and in case such deposit is made with a banking or trust com- 
pany, said company shall certify the same to the State Treasurer, 
and the said bonds so deposited shall at all times be subject to 
the inspection of the said Treasurer ; and said deposit shall 
remain in possession of said Treasurer so long as the said foreign 
companies carry any risks in this State. 
Judgment to Sbc. 519. lu case any foreign company, as aforesaid, shall 
bonds'*^ deposit- f^il to pay any judgment obtained against it by reason of defal- 
be maSta^ned.^ cation of any officer guaranteed by them, the said deposit shall 
■Tb. be subject to levy to satisfy the same ; and in case of the reduc- 
tion of the said deposit as aforesaid, the said company shall again 
deposit such an amount of State or United States bonds as may 
be necessary to bring the said deposit up to the said amount of 
twenty-five thousand dollars before said company shall again be 
permitted to assume any risks of suretyships in this State. 



ARTICLE 2. 
Sale of Public Offices. 



Sec. 

520. The buying and selling of olHces for- 
bidden ; penalty. 

521. Bargains for sale, and sale of, void. 



Sec. 
522. Acts done by delinquent officer be- 
fore removal valid. 



The buy 1 n g 
and selling of ^ , ■, . i • j. xi 

offices forbid- Section 520. U5^-) If any person or persons bargain for the 
736,111.. 468, §1. purchase or sale of, or sell, any office or deputation thereof, or 



OF SOUTir CAHOIJNA. 197 

^ " A. D. 1«W. 

any i)art of tlic siiine, or receive any money, fee, reward, or any ''■ — -^ ' 

other profit, directly or indirectly, or take any promise, agree- 
ment, covenant, bond, or any assurance for the payment of any 
money, fee, reward or other profit, directly or indirectly, for any 
office or the deputation thereof, or any ])art of the same, or to 
the intent that any })erson should have, exercise or enjoy any 
office or the deputation thereof, or any part of the same, which 
office, or any part thereof, shall in any wise touch or concern the 
administration or execution of justice, or the receipt, control or 
payment of any public treasure, money, rent, revenue, account, 
auditorship, or surveying of any public lands, or which shall 
touch or concern any clerkship to be occupied in any Court of 
record wherein justice is ministered ; every such person or per- 
sons shall not only lose and forfeit all right and interest in or to 
the said office or deputation thereof, or any part of the same, but 
shall immediately, upon the payment of said fee, money or re- 
ward, or upon any such promise, covenant, bond or agreement 
had or made for the payment of such fee, sum of money or re- 
ward, be adjudged a disabled person in the law, to all intents and 
purposes, to have, occupy or enjoy the said office or deputation, 
or any part thereof, for which any such person or persons shall 
so give or pay, or make any promise, covenant, bond or other 
assurance to give or pay, any sum of money, fee or reward. 

Sec. 521. {^■'^5,) Every bargain, sale, promise, bond, agree- Bargain for 
ment, covenant and assurance, as before specified, shall be void ^.'^void.°^ ^^* 
to and against him and them by whom any such bargain, sale, ih.,-^,^,^. 
bond, promise, covenant or assurance shall be had or made. 

Sec. 522. ( ^'^•) If any person or persons shall offend in any- ^ptg done by 
thing contrary to the tenor and effect of the two preceding Sec- cel^b^/ore^re- 
tions, yet, notwithstanding all judgments given, and all other ??2X5L^^?^^ — 
act and acts executed or done by such person or persons so 
offending, by authority or color of the said office or deinitation, 
after the said offense so by such person committed or done, and 
before such person, for the same offense, be removed from the 
exercise, administration and occupation of the said office or 
deputation, shall be and remain good and sufficient in law to all 
intents, constructions and purposes. 




CIVIL STATUTE LAWS 



ARTICLE 3. 
Miscellaneous Provisions. 



Skc. 

121. Offlc«ns or their reprisentatlves must 
turn over inoneyH to .sutxieasorB ; 
within what tl mo; penalty. 

534. Contnicts must not exceed tax levied 
or ap|>n)priation made. 

.')25. PiibllL- funds not to be diverted. 

5iM. OOlcer not to abe^«'nt himself from 
State without leave ; exceptions ; for- 
feitures. 



Sec. 

527. Noofflcer U) Issue certinfaf« of In- 
debtedness : no state ofllier to draw 
checks, except ayalnst fund to bis 
crtrdlt. 

528. Public offlpers may insure buildings 
in their charge. 

£29. onicer not entitled to ijay until com- 
missioned, &c. 



offlcereortheir Sectioii 523. U^T.) It shall be the duty of every SherifT, 
mlTtura over J^^ge of Probate, Clerk of the Court of Common Pleas, County 
moneys to sue- Treasurer, and any other State or County officer intrusted with 

cessors; within - -' -' 

what time; pen- funds bv virtue of his office, upon his retiring from office to 
1874, XV., 074; turn ovGr to his successor all moneys received bv him as such 

1885 XIX 158 "^ . . . 

" ■ officer, and remaining in his hands as such officer, within thirty 
days from the time when his successor shall have entered upon 
the duties of his office, in the same manner as he is required by 
law to turn over the furniture, books and papers ; and the suc- 
cessor shall receive and be responsible for the moneys so turned 
over to him, in the same manner as he is liable for other moneys 
received by him officially. 

Upon the death of any such officer, his personal representa- 
tive or representatives shall pay over to the successor of such 
deceased officer all moneys which such deceased officer had in 
his hands officially at the time of his death within twelve 
months after he, she or they have assumed the administration of 
such estate ; and upon his or their neglect or failure so to do, 
without good cause, the estate of such deceased officer and tlie 
sureties on his official bond shall be liable to pay to such suc- 
cessor the amount due, with interest at the rate of five per cent. 
per month thereon, after the expiration of such term of twelve 
months, to be recovered by action brought by such successor for 
the benefit of the parties entitled to receive such money. 
Contracts must Sec. 524. (4^^.) It shall be Unlawful for any public officer, 
not exceed tax gtate or Countv, authorized by law to so contract, to enter into 

levied or appro- ' ' -' 

priation made, qj- contract for any purpose whatsoever in a sum in excess of the 

1874 XV 692 ^ i. i. 

gi. ' " ' tax levied or the amount appropriated for the accomplishment of 
such purpose. 
Public funds Sec 525. (4'5^-) It shall be unlawful for anv public officer, 

not to be divert- ^, ^, , \- , • n , ~ -, •• * 

ed. State or County, to divert or appropriate tlie funds arising from 

lb., 093, 82. ^j^y ^^^ levied and collected for any one fiscal year to the pay- 



OF SOUTH CAROLINA. 199 

^ ■ A. D. 18W. 

iiiciit. of aiiv iii(l(l)tedne88 contracted or iiiciincd for any jn'o- '^-'"^•'^"^ 
vidiis fiscal year. 

Sec. 526. i't^l-) No State or County officer, except members officer not to 
of the General Assembly and the (Governor, shall be alisent from fnnnstat.-witii- 
the State durin<T his term of oHicc for more than thirty days in r."ption«;''f or- 
any one year without special i)ermission, to be granted by the ''jiJ^^xvi :iL'> 
Governor of the State. *'• 

Any such officer violating the provisions hereof shall f<jrfeit to 
the State, upon conviction, the amount of the salaries and per- 
(piisitcs of his office for the year in which said absence occurs. 

Sec 527 H62. ) It shall not be lawful for any State or no oiurf-r t o 
Coniitv officer to issue any certificate of indebtedness, ihis pro- of in.i.i.u-.m.'^.s. 

, 1 . . ff ,• 1 , ■ •. no SUtf offlo-rs 

vision sliall not aiiplv to the issuing oi tickets to lurors or Avit- to <Jraw ihwks 

1 ,1 ri- -1^ n i cxrept uKalDSl 

nesses for attendance on the Circuit Courts. fund to his 

Nor shall it be lawful for any State officer to draw a warrant ibts, xvi., sm, 
or check for any public debt except upon money then actually ^*^'^- 
to his credit on that account in the hands of some bank or pub- 
lic officer. 

Sec. 528. U^'5.) Public officers having bylaw the care and pubiic officers 

1 ' ,. , -n -i r-i i 1 •! T • may Insure 

custody ot town, village, city or County buildings may insure buiidinRs m 
the same at the expense and for the benefit of the town, village, 'i8(^xiv^i84, 
city or County owning the same. *^- 

Sec. 529. {^82.) No executive, judicial or other officer elected offlcernoten- 
or appointed to any office in the State shall be entitled to receive m commbaion- 
any pay or emoluments of office until he shall have been duly ^/f^^isTw" 
commissioned and qualified. 

Macoy v. Curtis, 14 S. C. 367. 



CHAPTER XIX. 



The Executive Department and Officers Connected 

Therewith. 

Article 1. General provisions. 

Article 2. The Governor and Lieutenant-Governor. 

Article 3. The Secretary of State. 

Article 4. The Attorney-General and Solicitors. 

Article 5. The State Constable and Deputies. 

Article 6. Notaries Public. 

Article 7. Commissioners of Deeds. 

Article 8. The Comptroller-General. 

Article 9. The State Treasurer. 




CIVIL STATUTE LAWS 



ARTICLE 1. 
General Provisions. 



Sec. 
530. What officers constitute the Execu- 
tive Department. 



SEC. 
581. Vacancies In ; how Oiled. 
532. Books and stationery for. 



Section 530. (4^*4) The Executive Department of this 
constuute t h e Stutc Is hereliv declared to consist of the following oflficers, that 
S^ment! ^ ^' is to say : The Governor and Lieutenant-Governor, the Secretary 
S50?h'. ^"^"of State, the State Treasurer, the Attorney-General and Soli- 
citors, the Adjutant and Inspector-General, the Comptroller- 
General, and the State Superintendent of Education. 
Title to Governor's office.— -Ex Parte Norris, 8 S. C, 49.5. 

Sec. 531. (4^'^') In case any vacancy shall occur in the office 
how*Sf^.^^' of Secretary of State, Treasurer, Comptroller- General, Attomey- 
, 1^75, XV., 935. General, or Superintendent of Education, by death, resignation, 
or otherwise, such vacancy shall be filled by election by the Gen- 
eral Assembly, a majority of the votes cast being necessary to a 
choice. If such vacancy occur during the recess of the General 
Assembly, the Governor shall fill the vacancy by appointment, 
until an election by the General Assembly at the session next 
ensuing such vacancy. 

Sec. 532. (467.) Each officer of the Executive Department 

st^ione^^fo^^ shall, annually, on or before the first day of October, furnish to 

1878, XVI., 413. the Comptroller-General a list and description of the books and 

stationery and the amount of postage stamps necessary for the 

use of his office during the current fiscal year. 



ARTICLE 2. 
The Goyeenor and Lieutenant-Governor. 



Sec. 

533. Vacancy In office of ; when President 
of Senate to act as. 

534. When Speaker of the House to act as. 
5.35. When General Assembly elects to All. 

536. Term of person so elected. 

537. Executive Chamber, records, 4c.; 
salary. 

538. Governor's Private Secretary ; duties 
of. 

539. Of what Boards the Governor Is ex 
officio a member. 

Vacancy In 



Sec. 

540. Offices filled by appointment of ; by 
and with advice and consent of Sen- 
ate. 

541. Vacancies; power to All : what offices. 

542. Appoints Commissioners, Ac, for va- 
rious Institutions and Boards. 

M3. His authority In respect to Asiatic 

cholera. 
544. Lieutenant-Governor; compensation 

of. 



office of; when Scctioii 533. (469.) In case of the removal, death, resigna- 
senate to ^t as. tion or inability of both the Governor and Lieutenant-Governor, 
^1868. XIV., 101, ^jjg President of the Senate j-jro temjiore shall perform the duties 



OF SOUTH CAROLINA. 201 

~ ■ ^ A. D. 1W4. 

aiul exercise the pnwers of Governor until .-ucli <lisaliilitv .shall """^ •' 
hiivo l)uoii reinovetl. or until the next ^M'lU'ral election, when a 
Governor shall be elected by the electors duly qualified, a.s i.s pre- 
scribed by .Section 2 of Article III. of the Constitution. 

Spp 534 (^/7'>.) In case of the disabilitv. from whatever when speaker 

^^^* , * ^' ' ' 1 ., ,, ■ , ^ of th.- House to 

cause, of the (Jovernor, Lu'utenant-dovernor. and tlic President mt um. 
of the Senate ;>ro /em/?ore, the Speaker of the House of Repre- ^ ''••'"■-• *^- 
sentatives shall i)erforni the duties and exercise the powers of 
Governor, in like manner and u})on the like conditions as are 
prescribed by the preceding Section. 

Sec. 535. Vi~i-) Iii case of the disability, from whatever wh<-n oenorai 
cause, of all the ofi1cei*s enumerated in the two precedinj,^ Sec- ah-^jiu » y »■ ecta 
tions, the General Assembly, if the same shall be in session, by ^''^ea. 
a joint vote, shall elect a person, duly qualitied, to till the office 
of Governor, in like manner, and upon the like conditions, as are 
prescribed by Section 531. 

Sec. 536. {V^^-) AVhenever a Governor shall be elected, as xenn of per- 
provided for in the last Section, he shall immediately enter upon ^''j/*' j^ -^ 
the discharge of the duties of his office, and shall continue to 
discharge the same during the residue of the term. 

Sec. 537. (■47'<?.) The Governor shall be furnished with a Executive 
suitable ot!ice, to be called the Executive Chamber, in which all TOrdsT&c.rsSjI 
petitions, memorials, letters, and all other official papers and "|g^5^ xiii.. 
documents addressed to or received by him shall be methodically aso, 82; ^con^. 
arranged and kept, with proper indexes therefor. He shall keep ^^ •j-^ij^. ^^^ }2. 
a record in proper books of all his messages to the General As- .^•.'I'n'i^'xxi** 
sembly, of all applications for pardon made to him, of all such 416. 
pardons as may have been granted by him, and of all communi- 
cations to the General Assembly relating thereto ; of all Bills 
presented to him in obedience to the provisions of the Constitu- 
tion, and of all objections he may make to any of them ; of all 
official communications, proclamations and orders issuing from 
his office ; and of all other matters which he may think it impor- 
tant to preserve. He shall receive an annual salary of three 
thousand dollars. 

Pardoning power.— S/ofe v. Fuller, 1 McC, 178 ; State v. Addington, 2 Bail., 
51C ; State v. Bams, 32 S. C, 14. 

Sec. 538. U74.) The Governor shall be allowed a Private Governor's 
Secretary, to be appointed by him, Avho shall receive an annual tllry•^llltl^4^'^' 
salary of thirteen hundred and fifty dollars, and whose duty it ji'^^iV^"'-^^- 
shall be, under the direction of the Governor, to keep an accurate J]^, l^^'^V' 
record, under proper dates, of all transactions, opinions ami ^HJ- 



the Governor Is 
ex officio a 

member, 

1870, XIV 



203 CIVIL STATUTE LAWS 

A. D. 1891. 

' ^^ ' other official matters and acts occurring during his period of 
office, which said record sliall, under certain restrictions, be open 
to the inspection of the members of the General Assembly. He 
shall also perform such clerical and other duties as may be required 
of him by the Governor, in connection with the duties of the 
office of Governor. 
Of what Boards Scc. 539. (4"'^-) The Governor, ex officio, is a member of — 
The Sinking Fund Commission ; 
The Board of Directors of the State Penitentiary ; 
ssf-' 187^ xvi"' "^^^^ Board of Trustees of the University of South Carolina, 
i^V' ji^^'-B^ of which he is also President ; 

|i;jj263_i. i««^. The Board of Visitors of the State Military Academy ; 
XX., 691. ' ' The Board of Trustees of the South Carolina Industrial and 
Winthrop Normal College ; 

The Board of Phosphate Commissioners, of which he is also 
Chairman. 
Offices filled Sec. 540. {4'^6.) The Governor, by and with the advice and 
of; by and with conscut of the Senate, shall appoint the following officers : 

advice and eon- ,, , » t^ 

sent of Senate^ Countv Auditors, 

i87ofxn\,'37«; County Treasurers, 

ISni Xiv!; 690; Trial TnstiPPii 
1878, XVI., 609, J-ridl dUStiCes, 

766, 571; 1883, Afa^tpIN 
Xyil., 1111; -UdistCit,, 

V^i'^'^a-^''^^^' Four members of the State Board of Examiners, 
Supervisors of Registration, 

Circuit Solicitors, Avhen there is a vacancy in such office by 
reason of death, resignation, ceasing to reside in the Circuit, or 
otherwise. 

Any vacancy which may happen in any of the said offices 
during the recess of the Senate may be filled by the Governor, 
"who shall report the appointment to the Senate at its next session, 
and if the Senate do not advise and consent thereto at such session 
the office shall be vacant. 

Sec. 541. (-47'7.) The Governor shall fill by appointment 
Vacancies; vacancies in the offices of the Executive Department as provided 

what offices. ' in Section 390 in respect to the office of the Adjutant and Inspec- 

i878'^xvi'''n6- tor-General, and in Section 531 in respect to the other offices of 
ir'6^' ^^"^"said Department therein named, and also vacancies in County 
offices, as provided in Section 212. He may remove for cause 
any person so appinted to fill a vacancy in any County office. 



OF SOUTH CAROLINA. 203 

A. D. 1804. 

Sec. 542. (;'■'•) lie sliall appoint— A^niT^m 

F(tur CJoniinissioiuTs J'or tlic .Soutli Carolina Institute for the miKsi«in<!rH. Ac. 
Education of the Deaf, Dunih and the liliiid. .siimticiiH una 

NJDe Regents of the State Lunatic Asylum, one of wiiom shall ,'^y xvl.to-,; 
he a])})ointed from eacli Congressional District, and the remainder }J|^' ^^ }•' '^: 
shall he residents of Hichland County. ]^' /^,f 2«3; 

Five persons, who, with the Governor and the Adjutant and ^]jj'>,^^'j'-^^;*' 
Inspector-Conera], constitute the Board of Visitors of the South '^'>^^' "i*^' -^J;''- 

' G5(i ; ///., r il ; 

Carolina Militarv Academy. i«J'J. xi.. i47: 

•^ im\ XIV., IIT; 

Seven members of the State Board of Health, to he recom- iwi. xiv.. r..w; 

. . , ' WU, VI., Mi. 

mended by the State Medical Association. 

Ten members of the Board of Harbor Commissioners of 
Charleston Harbor, one of whom must be a pilot of the Bar of 
Charleston. 

]\Iembers of the Board of Directors of the State Penitentiary 
when vacancies occur during the recess of the General Assembly. 

Proxies to represent the shares of the State in the Cheraw and 
Coalfields Railroad Company and in the Cheraw and Salisbury 
Railroad Company. 

The Chief Constable of the State, whensoever in his judgment 
any public emergency shall require it, or when necessary to the 
due execution of legal process. 

One or more Commissioners for the Catawba Indians. 

One Health Officer at each of the ports of Georgetown, Charles- 
ton and Beaufort, upon the recommendation of the State Board 
of Health. 

As many Notaries Public throughout the State as the public 
good shall require. 

Commissioners of Deeds in the several States and Territories of 
the Union, and in the District of Columbia. 

Sec. 543. {4S0.) Full power and authority is given to the his authority 
Governor to make, by proclamation, sucli regulations as in his Asiat'if cho\era° 
opinion may be necessary to prevent the entrance of Asiatic i8*55. xiii., sot. 
cholera into this State and the spreading thereof in this State. 

Sec. 544. {4S1.) The Lieutenant-Governor, while presiding G^Veraorrcoml 
over the Senate, shall receive a per diem of eight dollars and the Pi'ns^l'on of- _. 

r- o jy— ^ XVl., 246; 

mileage of a member of the General x\ssemblv. isse, xix., 5io ; 

'^ -' Con., Art. III.. 

§82, .'5, 0,7, 8.0, 
13, 20 ; 18 9 3, 
XXL, 410. 




CIVIL STATUTE LAWS 



ARTICLE 3. 
The Secretary of State. 



8EC. 

545. Salary Of. 
54«. Bond of. 



Sec. 
651. To make and report abstract of re- 
turns of Overseers of Poor. 



547. In charge of records, Ac, In Execu- 662. Has charge of State's property not In 
tlve Chamber, when Governor ab- , other custody. 

sent ; where office kept, 658. as tx officio Keeper of the State 

548. Office hours. House; duties and compensation. 

549. Penalty for false certificate. 554. Deeds of railroads to be recorded In 
650. Records of Superintendent of Public office of. 

Works ; In charge of. ; 

_saiaryof. Sectloil 545. (4^~-) The Secretary of State shall receive an 

1870^' jh^"^' ^^^"^^ salary of nineteeu hundred dollars and the fees or per- 
1877. XVI., 346; quisites of the office shall be paid into the Treasury of the State. 

Con., Art. III., ^ 1 ^ 

5^' 2i^ 1893, Sec. 546. U83.) He shall, before entering upon the duties of 

Bond of ^^^ office, execute a bond, with two or more good sureties, in the 

1820, VI., 147, 82 penal sum of ten thousand dollars, for the faithful discharge of 

the duties of his office. 

In charge of Scc. 547. {J^8J^.) He shall during the absence of the Gov- 

S^x'ecutYve ernor from Columbia be placed in charge of the records and 

Govern or^a^ papers in the Executive Chamber. He shall keep in Columbia 

office Vept?''^'^^ all the books, records and papers belonging thereto. He shall 

o::i®^; ^^Xh hold his office in the State House in Columbia. 

rv., 751,84. %QC 548. {-'iSo.) He shall keep his office open from nine 

Office hou rs^ o'clock in the morning until three o'clock in the afternoon every 

1791 V 161 84 

day in the year, Sundays and public holidays excepted. 

Penalty for Sec. 549. H8G.) If he or his deputy shall certify under his 

i6M u ^1^^' hand that no sale, conveyance or mortgage of goods or chattels 

' is registered in his office when at the same time there is such 

record, he or his deputy shall forfeit and pay to the person who 

made inquiry, and is damaged by reason of such false certificate, 

all damages and costs of suit which he shall sustain by reason of 

any second mortgage. 

Records of Scc. 550. US7.) The records, books and papers belonging to 

oTpTb u°c ^^^ office of the late Superintendent of Public Works are part 

^a?ge of^ ' * ° 0^ ^^® records of the office of the Secretary of State, and he 

1858. XII., 520, shall, upon the application of any person interested therein, give 

certified copies of any deed, grant or other paper belonging to 

the said office, which said copies may be used in evidence in any 

Court in this State, in like manner as office copies of other 

records are now used, and he may charge therefor the same fees 

as are now allowed by law for the like service. 



OF SOr'I'lI CAROLINA. 205 

~ A. D. IMM. 

Sec 551 {'i^''^-) III' sliiill. on or before the f(»iirtli 'I'liesdav < • 

in Novenil)c»r of esieli year, make out an al)straet of the return rc-ixirt aiwtnici 
inailo to liiin hy the Overseers of the Poor of eadi city and oversferM of 
C!ounty in the State, together with such exphmatory reniarks as ,^u xiv., 872, 
he deems ])roper. and throutrli the (loverner transmit the same'"- 
to the fjeLrishiture. 

Sec 552 {^^^-^ J't' shall take ehari^c of all the |)ropertv of Ho-h chBive of 
the Ntate, the care and eustody ol which is not otherwise i)ro- not in other cu»- 
vided for hy law, and shall hold the same subject to the direc- ikth, xvi.,wh; 
tions and instructions of the Commissioners of the Siiikin<( ^■^' -^ ^ " '• 
Fund. 

Sec. 553. {'t'"*-) The Secretary of State is ex officio Keeper is a officio 
of tlie State House and ({rounds, and is charged with the care hmusT-'; du'ties 
of tlie entire property belonging to the State therein, and may "ion. '^^ 
make such repairs and improvements from time to time as may i«y'xx?'«6.'' 
be necessary. He shall employ the labor of convicts on and 
around the grounds, so far as it can be made available. He 
shall contract for and furnish all fuel and gas necessary for the 
offices of the Executive Department and for the General Assem- 
bly ; and shall keep an account monthly of the gasometers in 
the State House, and audit all accounts for furnishing gas for 
the use of the State House. 

Sec. 554. All deeds of conveyance of railroad beds, tracks omis, Ac. or 
and i-iglit of way, cars, locomotive engines, rolling stock and ™''"fr d ed* i^n 
other railway equipment, all leases and mortgages or other con- (J^^^pptary o" 
ditioual sales of, and all other instruments in writing relating to, -{^f^^^^ 
such property in this State delivered or executed on or after the 9i- 
first day of -January, 1804, shall be valid, so as to affect from 
the time of such delivery or execution the rights of subsequent 
creditors or purchasers for valuable consideration without notice, 
only when recorded within forty days from the execution and 
delivery thereof in the office of the Secretary of State : Froridcd, 
nevertheless, That the above mentioned deeds, leases, mortgages, 
and other conditional sales and instruments in writing, if re- 
corded subsequent to the expiration of said period of forty days, 
shall be valid to affect the rights of subsequent creditors and 
j)urchasers for valuable consideration without notice only from 
the date of such record. 

13ef(jre such deeds, leases, mortgages and other instruments in p^j^,^ 
writing caii be recorded by the Secretary of State, the execution i},~. 

thereof shall first ))e proved by the affidavit in writing of a sub- 
scribing witness to such instrument in the same manner pre- 



206 



CIVIL STATUTE LAWS 



A. D. 1894. 



Books of re- 
conl ; fees for 
nrnnlliiK. 

Ih. 



Certified copy 
receivable in 

evidence. 

Jb. 



Entry of satis- 
faction; penalty 
for negle ct. 
lb. 



scribed for the probate of deeds b}' Section 818 in relation to the 
recording of deeds in the office of Register of Mesne Conveyances 
of the several Counties of this State. 

Said conveyances, leases and mortgages and other instruments 
in writing shall l)e recorded by the Secretary of State in books 
to be kept by law for that purpose in his office, and for such 
recording he shall receive from the party ofifering such papers 
for record the same fees allowed by law for similar work to 
Kegister of Mesne Conveyances. 

A certificate or certified copy by the Secretary of State shall 
be competent evidence of such record, and of the facts contained 
in such deeds, lease and mortgage or other instrument in writing 
so recorded and certified, in all of the Courts of this State. 

Where any such mortgage so recorded shall be fully satisfied, 
the mortgagee shall note the same on the margin of the record, 
or declare the same to be satisfied in a separate instrument in 
writing, to be recorded as above provided, under a penalty of 
five hundred dollars, to be recovered in any Court of competent 
jurisdiction, at the suit of the mortgagor or his assignees, or any 
other party aggrieved thereby. 



ARTICLE 4. 
The Attoexet-Gexeral and Solicitors. 



Sec. 
555. Salary of Attorney-General and of 

bis assistant. 
55tJ. Bond of. 

557. Appears for the State in Courts ; 
when and in what cases. 

558. Prosecutes intruders on State's prop- 
erty. 

5.59. Advises Solicitors : attendance on 
Grand Jury and at trials, &e. 

5B0. Duty In respect to public charities; 
corporations. 

561. Assists the General Assembly; when 
and how. 

562. Advises State olBcers on questions of 
law. 

56.3. Reports annually to General Assem- 
bly. 

564. Contingent expenses of civil actions ; 
provision for. 



SEC. 
565. 

566. 
567. 

568. 
569. 

670. 
.571. 

572. 
573. 
574. 



No fees to be taken from prosecutors, 

4c. 

Accounts to Treasurer for fees, 4c. 

Solicitors, bonds of; vacancies in 

office of. 

Their salaries. 

Solicitor, when must be called on to 

defend rights of State. 

To sue for penalties. 

To t'xainlne certain County offices 

and report annually. 

To attend Courts of Sessions. 

Duties of, in general. 

Annual report to Comptroller-Gen- 

enil as to debts due State in their 

possession; penalty. 



OF SOT'TII CAROLINA. 207 

A. D. IWM. 

Section 555. {/•'•''•) ''"''c Attoriicy-dciifral shall receive u """^ — ^ ' 

Hulary iit tlie nite of iiiiieteeii liiiiulivd dollars per aiintini ; and uinu-y - <i"iHTu] 
the Assistant Atturncy-deiieral, who shall he appointed hy t'lo ''"'s7v'""x'\'T 
Attorney-General, shall receive a salary of tliirteen hundred and *7.V '^|'.'^)iiliii" 
llfty <]()Ilars per aiimiin. ^X'- ^''• 

Sec. 556. {4'^''') Before enterini^ upon the duties of hisofTice, uond of. 
the Attorney-General shall execute a bond, with two good sure- "*i2' v- ws. w, 
ties, to the State of Soutli Carolina, in the sum of ten thousjind 
dollars, for the faithful discharge of his ollice. 

Sec. 557. iW'''-) He shall appear for the State in the Su- Appeare for 

• r , . . . ^^ . .-^ -,, theStateJn 

prenie Court m the trial and argument in said Court of all causes, courts; when 
... , . ., . 1 • I ,T <, , • , • . , ""*! In what 

criminal ami civil, in which the State is a party or interested, cu-ses. 

and in such causes in any Court or tribunal when required by the 62^.*^' ■^'^•'**' 

(lovernor or either branch of the General Assembly. 

Sec. 558. {4^^^-) He may, when, in his judgment, the inter- Prosecutea m- 
est of the State requires it, file and prosecute informations or state's pnjpeity! 
other process against persons who intrude upon the lauds, rights ^''-S'*- 
or property of the State, or commit or erect any nuisance 
thereon. 

Sec. 559. {4''''-) He shall consult with and advise the Soli- Advisf* soiici- 
citors in matters relating to the duties of their oflfices ; and when, oirGnimr'jury 
in his judgment, the interest of the State requires it, shall assist ""^'" "^"'''' **^' 
them by attending the Grand Jury in the examination of any 
case in which the party accused is charged with acapital offense ; 
and when, in his judgment, the interest of the State requires it, 
he shall be present at the trial of any cause in which the State is 
a party or interested, and when so present shall have the direc- 
tion and management of such prosecutions and suits. 

Limit of Attomey-Crenerars power. — Commissioner v. Hose, 1 Dess., 4(il ; 
Ex Parte Dunn, In lie Hand v. S. and C. li. R., 8 S. C, 207. 

Sec. 560. (oOO.) lie shall enforce the due application of Duty m respect 
funds given or appropriated to public cliarities within the State, ['1 d s'l^'corporal 

prevent breaches of trust in the administration thereof, and, """^- 

when necessary, shall prosecute corporations which fail to make 
to the General Assembly the return required bylaw. 

Sec. 561, {501.) He shall, when required by either branch Assists uie 
of the General Assembly, attend during their sessions, and give biyTwhoiTMd 

his aid and advice in the arrangement and })reparation of legis- ^°]^,' j^ 

lative documents and business, and shall give his opinion upon 
questions of law submitted to him by either branch thereof, or 
by the Governor. 



208 CIVIL STATUTE LAWS 

A. D. 18!t4. 

"""^ — "^ ' Sec. 562. {-''OJ.) He .shall, whoii required by the Secretary 

oaicei-s^mquf.s- of State, Treasurer, Adjutant and Inspector-CJeneral, the Comp- 
T^'sr^isao trolIer-tJeueral, liailroad Cuniuiissiouer, or other State otiicer, 
XX , 705. consult and advise with them, respectively, on questions of law 

relatint,' to tlieir official business. 
Reports unuu- ScC. 563. {^>0S.) lie shall annually make a report to the 
AilJein'biy.''"''™^ General Assembly of the cases argued, tried or conducted by him 
Jb., 89, 88. j^ |.]^g Supreme Court and Circuit Courts during the preceding 
year, with such otiier information in relation to the criminal 
laws, and such observations and statements, as, in his opinion, 
the criminal jurisdiction and the proper and economical admin- 
istration of the criminal law warrant and require, 
coniingeut ex- Sec. 564. ('^''>'-^- ) On his representation, the Governor may 
actions r provi- draw his warrant on the Treasury to an amount not exceeding 
^'iV"§9 three hundred dollars in one year, for the contingent expenses 

of civil actions in which the State is a party or has an interest, 
for which sum he shall, annually, in October, account to the 
Governor ; and he shall state the amount so expended in his 
annual report to the General Assembly. 
No fees to be Sgc. 565. {505.) Xo prosecuting officer shall receive any fee 
prosecutors! &™ or reward from, or in behalf of, a prosecutor, for services in any 
16., §10. prosecution or business to which it is his official business to 
attend, nor be concerned as counsel or attorney for either party 
in a civil action depending upon the same state of facts. 
Accounts to Sec. 566. {506.) The Attorney-General shall account with 
?e'SX''" ^ ° ' the Treasurer of the State for all fees, bills of costs and moneys 
ib., §11. received by him by virtue of his office. 

solicitors. Sec. 567. {515.) The Solicitors, before entering upon the 
^nctes'in'omce duties of their offices, shall, respectively, give bond, with two 

??! ^ good sureties, to the State of South Carolina, in the penal sum 

187G, XVI.', 152! of five thousand dollars, for the faithful discharge of the duties 
of their respective offices. In case any Solicitor shall cease to 
reside in his Circuit, his office shall thereby become vacant, and 
the Judge residing in such Circuit shall certify such vacancy to 
the Governor. 

Tenure of office.— S<a<e v. Jeter, 1 McC, 233; State v. Buttz, 9 S. C, 150. 

Their salaries. Scc. 568. {51L) The Circuit Solicitor of each Circuit shall 

1877, XVI., 247, receive a salary at the rate of thirteen hundred and fifty dollars 

417. ' " per annum each, except the Solicitor of the First Circuit, whose 

salary shall be at the rate of sixteen hundred dollars per annum ; 

such salaries to be in lieu of all charges against the State and 

the Counties. All costs from defendants shall be paid over by 



OF SOUTH CATIOLIXA. 209 

A. D. 1894. 

tlio Soliciri)!- to tlic (-(iniity TroasMrtT for the use of the County. *^""^r^~^ 
Thoy shall also roceivo the same ])er diem and inileafje as mem- 
bers of the rJenonil Assembly wliile in attendance upon the 
sessions thereof. 

Sec. 569. {-'''^^A In all oases wherein tlie ri^^ht of the State Sfiiiciu.r, wji<-n 
juay he involved, it shall he the duty of the ])ersons claiminf^i, n id fiefcn'i 
under the State to call on the Solicitors, in their respective Cir- \^^y 5^'*ji5 
cuits, to defend the right of the State ; on failure whereof, the 
record of such case shall not be adduced as evidence to substan- 
tiate any chiim against the State. 

Sec. 570. {-''OS.) It shall he the duty of the Attorney-fleneral JCi^^^"^^""- 
aiul Solicitors to sue for the penalties incurred by any public „ i«ia. v.. too, 

■^ J J I goo. jHi4^ v., 

otiicer or board of public officers. 7:«, §25; i«i5, 

VI. !!• 1844 XI. 

Sec. 571. i-'OO.) The Solicitors are required, annually, at such soS; §4. 

times as tliev may deem expedient, to examine into the condition To examine 
" '' ^ ^ rertaln Couniy 

of the offices of the Clerk of the Court of Common Pleas and oflif.* and re- 

port annually. 

(Jeneral Sessions, Sheriff, and Register of Mesne Conveyances, isju, vi., 577, 82 
in the Counties of their respective Circuits, and to ascertain 
if the said officers have discharged the duties which now are, or 
shall be, required of them ; and they shall make a report of the 
condition of the said offices, and of the manner in which the 
said officers have discharged their duties, to the Circuit Court in 
each County, respectively, at the Fall Term in each year, and 
also to the General Assembly at its annual session. 

Sec. 572. {510.) The Solicitors shall attend the Courts of to attend 

,, 1 . • • x- XI • x- r\- -x Courts of Ses- 

General Sessions lor their respective Circuits. sions. 

Duties iu Court. — State v. Barrantine, 2 N. and McC, 553 ; State v. Addi- qq^^")^') gji'i 
son, -J S. C, aio ; State v. Cole7mtn, 8 S. C, 237 ; State v. McNinch, 12 S. C./Jo. " 

Sec. 573. {.511') Solicitors shall do the duty of the Attorney- Duties, of, in 
General, and give their counsel and advice to the Governor and ^j^gj^vu 274 
other State officers in matters of public concern whenever they 8810. n- 
shall be by them required so to do, and shall assist the Attorney- 
General, or each other, in all suits or prosecutions in behalf of 
this State when directed so to do by the Governor or called u])on 
by the Attorney-(»eneral. They may defend any person l)rought 
to trial before any criminal Court of this State when their duty 
shall not recpiire them to prosecute such persons, or their assist- 
ance be not re(|uired against such person by the Governor or Annual nnwrt 

. . , ,, , to CompirolltT- 

Attorney-General. General as to 

Sec. 574. {51~, olS.) Each Solicitor shall, on the last day of in nteir"p<i!s.V- 

Oclober in every year, furnish the Comptroller-General with 11 ^ ""is^^vi" ut* • 

statement of all debts due to the State in his possession, showing ''j|^'' ^^-^ ''*"' 

14—1 



210 



CIVIL STATUTE LAWS 



A. D. lS9t. 



the names of the debtors, the amount of debts, the interest, the 
payments made and the balance due to the State ; and if any 
Solicitor fail to furnish such statement, he shall forfeit and pay 
the sum of two hundred dollars, to be recovered by action in 
any Court of law in this State having competent jurisdiction. 
Solicitors in making their returns to the Comptroller-General, 
as by law directed, must make out and deliver to him at the 
same time fair duplicates thereof. 



ARTICLE 5. 
The State Constable and Deputies. 



Sec. 



575. State Constable ; appointment ; com- 
pensation ; may appoint deputies. 

576. Powers and duties of. 



Sec. 
577 



Powers of Governor over Constabu- 
lary, &c. 



State consta- Sectioil 575. {^^7.) The Govemor, whenever any public 

ment'; compels eniergencv shall require it, or when it shall become necessary 

po\nt"JeputIes^" ^^ ^^^ ^^® execution of legal process, shall appoint an officer to 

1878, x\i~7W, be known as the Chief Constable of the State, who shall receive 
81. . . . 

as compensation, when actually engaged in the public service, 

five dollars per day and five cents per mile for each mile actually 

traveled in the performance of his duties, which duties shall be 

especially prescribed by the Governor. 

The Chief Constable is authorized to appoint Deputy Chief 
Constables, not exceeding two for each County, who shall receive 
two dollars per day when actually on duty, and as many Deputy 
Constables as may be necessary, wdio shall serve without pay. 

Sec. 576. {518.) The Chief Constable of the State and the 
Deputy Chief and Deputy Constables in the Counties shall ex- 
ercise all the common laAV and statutory powers of Constables 
and all authority given to the police or watchmen by the Statutes 
of the State and by the charters and ordinances of incorporated 
towns and cities concurrently with such officers. Said Chief 
Constable of the State and Deputy Chief and Deputy Constables 
in the several Counties shall, at all times, obey and execute the 
orders of the Governor in relation to the preservation of the 
public peace and the execution of the laws throughout the State ; 
and they shall see that the laws are observed and enforced, and 
shall especially use their utmost effort and endeavor to repress 
disorder and prevent crime. 



Powers and 

duties of. 

1868, XrV., 14, 



OF SOUTH CAROLINA. 




Sec. 577. (''I''-) 1"'"' <i"vcrn()r sliall liuvr ;iiit liority, when- "— 
ever ill his jiul^Mnent it shiill hi; necessiiry, to arm the Constah- Governor ovI-V 

. ,1 I 1. 1 f i I t'onHtabu I a r y. 

iihirv, anil, in any crnergency, to assume the sole control of the ^c. 

whole, or any part, of the miinieij)al police in cities and incor- lh.,\6,%t,. 
porated towns ; and to authorize the Chief Constahle of the 
State, or any Deputy Chief Constahle, to command assistance in 
the execution of process, suppressing riots, and preserving the 
peace. 



ARTICLE 6. 
Notaries Public. 



Sec. 
578. Governor appoints Notaries Public; 

t«rin of office. 
67'.). Oath of. 



Sec. 

580. Seal of. 

581. Powers of. 

582. No Jurisdiction In criminal cases. 



Ssction 578. {''>-!<>■) The (iovernor is authorized to appoint Governor ap- 
as many Notaries Public throughout the State as the public good p^,bik ; ^term of 
shall require, to hold their offices during the pleasure of the Gov- °|^- ^„, ^„. 

'■ ox lo71, XIV^., .T-Jh, 

ernor, and whose jurisdiction shall extend throughout the State, si- 
Sec. 579. io21.) Every Notary Public shall take the oath of oaths of. 

ollice prescribed by the Constitution and the oath Avith respect to z^-. 92. 

dueling, certified copies of which oaths shall be recorded in the 

office of the Secretary of State. 

Sec. 580. (->--.) He shall have a seal of office, which shall se al of. 

be affixed to his instruments of publication and to his protesta- i^-^- 

tions ; but the absence of such seal shall not render his acts 

invalid, provided his official title be affixed. 

Sec. 581. {o23.) He shall have power to administer oaths. Po wers of. 

take depositions and affidavits, protests for non-payment of bonds, " '*" 

notes, drafts and bills of exchange, take acknowledgments and 

proofs of deeds and other instruments required ])y law to be 

acknowledged, and take renunciation of dower. 

As to protests. — Williamsnny. Turner, 2 Bay, 410; Willamaon v. Paffo-- 
son, 2 McC, 132 ; Dobson v. Laval, 4 McC, 57 ; Halls v. IIuwvll, Hari)er, 42(> ; 
Johnson v. Harth, 2 Bail., 18:} ; Bank v. Green, 2 Bail., 2:^0 ; Bank v. Sdnc- 
metz. 1 Hill, 44 ; Bank v. Flaij(j, 1 Hill, 177 ; Thompson v. Bank, :i Hill. 77 : 
lb., Riley, 81 ; Aikni v. Cathcart, 2 Speer, (>42. 

Sec. 582. {■'>'Jf.) He shall exercise no power or jurisdiction ,no^J»['^',''»^'} 
in criminal cases. ^^ 

Itteg, VI., 887, 08 




CIVIL STATUTE LAWS 



ARTICLE T. 
Commissioners of Deeds. 

Sec. : Sec. 

SSa. Commissioners of Deeds ; appoint- i 580. Power to administer oaths. 

ment and term of. i 587. Forelffii Notaries ; same power as to 

5S4. Oath of ; where filed ; notice. j affidavits, Ac; proviso. 

585. Authority of. I 

Commissioners Sectioil 583. {5-^-^.) The Govemor of the State is author- 
pointment and izcd to appoint and commission in the several States and Terri- 
ly.™ vi^04 §1 tories of the Union, and in the District of Columbia, as many 
persons as he may deem expedient, as Commissioners of Deeds, 
who shall hold their offices during the pleasure of the Governor. 
Oath of; where Sec. 584. {526.) Every Commissioner, before he proceed to 
~7b' ^s'^V" perform any duty, shall take and subscribe an oath or affirma- 
tion, before any officer authorized to administer oaths in the city 
or County in which such Commissioner shall reside, well and 
faithfully to execute and perform all the duties of such Commis- 
sioner, under and by the laws of South Carolina, which oath or 
affirmation and the written appointment of such Commissioner 
shall be filed in the office of the Secretary of State, who shall 
give notice of such appointment in one or more of the gazettes 
of this State. 
Authority of. Scc. 585. {527.) He shall have authority to take renuncia- 
^ib.Tsi. tion of dower and the acknowledgment or proof of any deed, 
mortgage or other conveyance of any lands, tenements or heredi- 
taments lying or being in this State, or of any contract, letter of 
attorney, or any other writing under seal, to be used and recorded 
in this State ; and such renunciation, acknowledgment or proof, 
when certified to by the hand and seal of such Commissioner, 
shall have the same force and effect as if taken before the proper 
officers within this State. 
Power to ad- Scc. 586. {528.) He shall have full power to administer au 
™ib^T-°^^^^ oath or affirmation to any person willing or desirous to make 
such oath or affirmation before him ; which shall be as good and 
effectual to all intents and purposes as if taken by any Trial 
Justice resident in this State and competent to take or adminis- 
ter the same. 
Foreign nota- Sgc. 587. All verifications of pleadings, affidavits and proofs 
'■"'^'o-'^i^t^ of claims made before Notaries Public in other States shall have 

P O w G r a S to 

affidavits, &c.; ^]^g game force and effect as they would have if sworn to before a 

proviso. •' 

1883, XX., 1 ; Commissioner of Deeds iox this State resident in another State : 
' ■' ■ Provided, Such Notary Public shall use his official seal. 



OF SOUTH CAROLINA. 



ARTICLE 8. 

'I'nK ('omitkollku-Genekal. 




SEC. 

r>8H. Bond of ; snlnn' ; offlre hours. 

5Hi). Exiiinlnp.s Trcii.snnT's vouchcra. 

5!I0. Kxninines TnyLsimT'.s ca-ili uiiil books. 

601. SupcrlnU'iids (ninsfiT of iniint'y, 4c., 
from Treusuror to nui-ce.ssor, &p. 

592. Prepares uiinual estimates for Gen- 
eral Assembly. 

50S. Payments by Treasurer to be on his 
warrant ; exception. 

694. To keep duplicates ot b(X)ks of Trea- 
surer, and report balance sheet to 
General Assembly. 

595. To keep record of settlements with 
County Treasurer. 

590. To rciHut to General Assembly state- 
ment of County taxes. 

597. To report also as to moneys due State. 

508. Also on accounts of persons having 
distribution of public money. 

699. Also names of pensioners of State. 

COO. Also as to unappropriated funds in 
Treasury. 



Sec. 

001. Office book.s, how paid for. 

C02. Duty as to dcfiuillInK Couiily Trea- 
surers. 

603. To exuinine claims atrainst State and 
report to (iciioral Assembly. 

OOl. Kntci's In bunks accounts of persons 
distrllnUlug public money. 

005. Collates and publishes monthly re- 
turns of banks. 

GOO. To publish returns of banks of Issue ; 
form of. 

007. To enforce forfeitures airalnst de- 
faulting banks, may examine books ; 
when. 

008. To insure the University buildings. 
609. To furnish offices to State officers. 
010. May extend time for assessment and 

collection of taxes, &c. 

611. When to pay County Auditors. 

613. Furnishes State Printer copies of re- 
ports for publication. 



Section 588. {'529.) The Comptroller-General shtill, before 
he enters upon the duties of his office, give bond for the faithful 
discliarge of the duties thereof, with one or more sureties, to be 
approved of by the Governor for the time being, in the sum of 
thirty thousand dollars. He shall receive an annual salary of 
nineteen liundred dollars, and the fees and perquisites of tlie 
office shall be paid into the Treasury of the State. He shall 
keep open and attend to his office from nine o'clock in the morn- 
ing until two o'clock in the afternoon on every day, Sundays, 
public holidays and the two next succeeding days to Christmas 
excepted. 

Sec. 589. {■'>'iO.) He shall keep a book in which all a})proin-i- 
ations by the General Assembly shall be entered, with all pay- 
ments made under them ; and also another book, properly in- 
dexed, in which he shall enter all contingent accounts alk)wed 
by the (ieneral Assembly, and the time at which payment on the 
same shall be made. He shall, between the first and tenth days 
of each month, examine the vouchers in the office of the State 
Treasurer for all payments made by the Treasurer during the 
preceding month. 

Sec. 590. {oSl.) The books of the Treasurer shall, at all 
seasonable times, be open to his inspection and examination, and 



Bond of 


; sal- 


ary; 


ofllce hours 


'.87 


-, XVI 


., 240; 


ISOl 


v., 


4 1 0, 


?n 


l^tW, 


XIV., 


l:C). 


«l: 


Con., 


Art. 


III., 


i£i; 


ISOl 


v.. 


4 1 1, 


?21 


lS9:i, 


XXI., 


410. 







E .x a m 1 n e s 
Treasure r's 

vouchers. 

1*M, VI., 611, 
83; 188U, XX., 
307. 



E X a ni I n e 8 
Tn'iisuri'r'scash 
and books. 

ISO], v.. ino, 
fSl, 1. 



214 CIVIL STATUTE LAWS 

A. D. 18W. 

' V ' he shall, twice in each year, and at such other times as he may 

deem necessary, examine the cash in the Treasury. 

Superintends Scc. 591. {o33.) He shall personally superintend, except in 

mouey,'^&c![ the eveut of his being sick, and thereby rendered unable to 

to'sucwssw,"^'! attend, the transfer of money and papers from the office of the 

Jb., 84. Treasurer to his successor, and report to the General Assembly 

thereon at their next session. 

Prepares an- Sec. 592. (533.) He shall prepare and report at every session 

foTceuerai^ As- of the (General Assembly estimates of the public revenue and 

"Tr^WlT" P^^^^ic expenditures ; and shall, at the same time, render fair and 

accurate copies of all the Treasurer's reports and a true and 

accurate account of the actual state of the Treasury. 

Payments by Sgc. 593. {^^3J^.) All payments by the State Treasurer, ex- 

on his warrant*; cept for iutorest ou the jiublic debt and the pay of officers, 

''^1876 XVI 91 ii^embers and attachees of the General Assembly, shall be made 

on warrants drawn by the Comptroller-General, and the vouchers 

for the same must be filed in his office. 

To keep dupii- Sec. 594. {,535.) The Comptroller-General shall keep a set 

Tnfasm-erT'and of books exhibiting the separate transactions of the Treasury 

sheeuo General Department, which set of books shall be a transcript of the books 

^iW>^i~"-ii ^^ *^® Treasury, constituting a complete check upon that office ; 

§§1,2.' ' 'and the Comptroller shall, in addition to the exhibits of cash 

transactions of the Treasury, annually report to the General 

Assembly a balance sheet of the books aforesaid, setting forth as 

well by whom debts are due to the State as the amount of those 

debts. 

To keep record Sgc. 595. He shall enter the abstract for settlement with the 

with^ c oTnTy Several County Treasurers of this State in a book to be kept by 

"i^rxx 29r ^^°^ ^^^ ^\\(i\'i- purpose, and shall enter all settlements made with 

such Treasurers therein as to all taxes — State, school, County 

and special — and the same shall be a part of the records of his 

office. 

Tor ort t Sec. 598. {''36.) He shall prepare and present to the General 

General Assem- Assembly, at an earlv period in every session, a correct and 

bly statement of •' ^ " ^ j ^ 

County taxes, detailed statement of all the taxes, real and personal, for which 
14; i'859,"xu.; cach of the Counties of the State shall be liable under the Tax 
' ■ Acts of each year. He shall at the same time report the amount 

of the local taxes collected in each County. 

He cannot be compelled by mandainiis to levy a tax to pay " Revenue Bond 
Scrip," issued under Act 2d March, 1S~2.— State v. Comptroller-General, 4 
S. C, 185. 



OF SOUTH CAROLINA. 215 

~ ■ "^ A. D. IfiUJ. 

Sec. 597. (•>>'/'.) lie sliall lav Ix-Torc llic (Icik nil Assemhlv, ^~ ''' ^ 

■ II- I i X J. i. 1- II I i ii" To report also 

Avitli Ins annual report, a Statement ol all iiioiicvs duo to theuH to monf-ys 

J, * (lui; HtuUr. 

'^'"''^'- IKIK, VI.IOS, 811 

Sec. 598. (fiS8.) He shall exainiiif and annually i-f|»ort to the Aiwjon u<-- 
(icncral Asseinl)lv on the aeccniiits of all persons liavint,^ the dis- w,n"huvin!:<i)s- 
tril.ution of public money. ' T^y^^'""'" 

Sec. 599. {-''SO.) He shall make an annual report to the Gen- . 'J^fi^Jf'- ^\-- 
eral .\sscnil)ly of the names of the pensioners of the State. aso, ss. 

Sec. 600. {'UO.) He shall report annually to tlie General p^t.HU,nTr*rol 
Assembly his transactions in regard to unappropriated funds in ^^"^^^j— j-^-.o 
th 'IVeasu ry. Also J u. un- 

Sec. 601. {^>'tl.) The books necessary for his office shall be?uWinVrea- 
paid for out of the Treasury of the State. ism'v 458680 

Sec. 602. (•'^'fj'-) He shall immediately commence and pursue, offlce ixx)ks; 
against all County Treasurers re]3orted by the Treasurer as being -"^j^jy'*yj^"''j^j 
in default in making their returns, such legal measures as wilP^S- 
be best calculated to compel an immediate compliance with the faulting county 
duty imposed upon them in regard to such returns, and shall ^J^^'^y'^^;- gg 
enforce the performance of their duty generally by all legal 
means. The Attorney-General and the Solicitor of the Circuit 
in which such default may occur shall conduct such legal pro- 
ceedings when called upon to do so by the Comptroller-General. 

Sec. 603. ('^-4') All claims for the refunding of overpaid to examine 
taxes, or for repayment for services rendered, or supplies fur- stat^anerfeport 
nished the State or any County, or for the payment of money sembly.'^™' "^^ 
on any account whatsoever requiring the action of the G eneral is^j^^l^^-^^sie. 
Assembly, must be presented by petition, setting forth the facts ^lo, §5. 
upon which such claims are based, with the evidence thereof, 
which must be filed in the office of the Comptroller-General forty 
days before the meeting of the General Assembl3^ He must 
examine each claim so jiresented and report on same during the 
first week of the session, recommending payment, in whole or in 
part, or rejection, in each instance, as, in his judgment, justice 
shall require. 

Sec. 604. {^>V^-) He shall enter, in books kept for that pur- Enters m books 
pose, such a statement of the accounts of persons having the sons disiriimt- 
distribution of public money (directed by law to be rendered to money, 
him) as will enable him, at any time, to show how said accounts i^'^^^ vi.,5i-,', si 
stand between the parties respectively. p u"b"/Ts"i" s 

Sec. 605. {■''>''t7.) He shall collate the various statements in ™^|y"''"™^ 
the monthly returns made to him by the banks, so as to present T840, xi.~fis; 
a coiiipaiative view of all the items thereof, and shall publish the xiv!, ck'. se. 



216 



CIVIL STATUTE LAWS 



A. D. 18M. 

'■"■ V ' same in some piiljlic newspaper for general information. Every 

bunk fuilin": to make such return sliall forfeit to the use of the 

State, to be recovered by the C'oinptnjller by action, twenty-five 

dollars for each and every day's neglect. 

TopubUshre- ScC. 606. {p-'i^-^ He shall, at least once in every month, oxA- 

of i^ue; form Icct the accouuts of the weekly state of their circulation and 

°i 858 xiL 700 specie, rendered by the several banks of issue, in confonnity with 

*^- law, and publish the same in some newspaper in the followiniJ^ 

form : 

Weekly Statevxnxt of Circulation and Specie of Banks of Issue in South Caro- 
lina, from the day of to the day of , 

eighteen hundred and 



Naue of Bank. 



Date. Circulation. Specie 



Naue or Bank. 



Date, j Circulation. ; ^ecie. 



Naue of Bare. 
Date. Ciicnlatlon. Specie. 



And any bank the officers whereof shall neglect to transmit to 

the Comptroller-General such account as aforesaid shall forfeit 

one hundred dollars for each and every day during which the 

same shall be neglected, to l)e recovered by action at the suit of 

the State. 

Sec. 607. (-^-P- ) ^^^^never it appears that any bank, or officer 

feiture against of a bank, has incurred a forfeiture for anv official misconduct, 
defaulting . "^ ' 

banks; may ex- he shall cause suit to be brought against such bank or officer, by 
amine books ; o o ' ^ 

vriien. tbe Attorney-General or the Solicitor of the Circuit in which 

1857, iff.!' 632. ' such bank is situated, for the recovery of the same. And in 
case he shall, at any time, have cause to suspect that a false or 
incorrect account has been rendered to him by any bank, he 
shall have authority, and it shall be his duty, to make a personal 
examination of the books of sucb bank in order to ascertain the 
truth. 
' To insure the Sec. 608. (ooO.) He shall annually insure against fire the 

University '-"^»" • \ / . c 

buildings. buildings of the University of South Carolina. 

§15. ' ■' ■' Sec. 609. io51.) He shall, upon receipt of a ^n-itten applica- 
To furnish tion from anv officer of the State Executive Department, pro- 

offlces to State \ ^ ^ 

officers. vide and furnish an office for his use, and the expense thereof 

T R 1 8 6 

XIV., 289, §81,2! shall be paid by the State Treasurer out of the contingent fund 

of the State on the warrant of the Comptroller-General. 

May extend Scc. 610. {552.) He may, with the approval of the Governor, 

ment and col- extend the time for the performance of the duties imposed upon 

&c. ' tlie County officer in relation to the assessment and collection of 



^1876,XVI.,561,t^^eS 



and when such assessment and collection of taxes are 



OF SOT'TTT rAROLTNA. 217 

""""" A. D. IHW. 

necessarily dflaycd. lie may postpone the liiiie witliin which the ' •■ ' 

])OTmlties imposed by hiw would attach. 
Shrll V. Duncan, m S. C, 547. 

Sec. 611. {563.) He shall not issue to any Auditor a war- when to pay 
rant for his salary until all abstracts and reports due from or by u>n. _ 

such Auditor have been filed in the office of the Com])troller- "'•'***«*^- 
(Jeneral. 

Sec. 612. {-''''-'f-) lie shall furnish to the State Printer, for Furnishes 
})ublicati(jn in the Reports and Resolutions of the General Assem- »-opif~* of n-iKirts 
bly, copies of all reports passed at each session and filed in his '""'"" '"'""• 



office. 



i«;«, XVI., b^, 

82. 



ARTICLE 9. 
The State Treasurer. 



Sec. 

013. 
01-1. 
61.5. 
Clti. 

Gir. 

018. 
019. 
020. 

G21. 
022. 

023. 



624. 
0-25. 



026. 
6:?r. 



638. 
03'l. 



Salary of; and of his clerks. 
Bond. 

Office hours. 

How payments by, are made. 
How Interest on State stock is to be 
paid. 

How lost checks replaced. 
When transfer books to be closed. 
Coupons In Treasurer's hands sulD- 
clent vouchers. 

Coupons to be paid in Charleston also. 
Monthly report to Comptroller of 
cash transactions, Ac. 
Warrant against defaulting County 
Treasurer ; proceedings on. 
Additional penalty. 
Further duties as to defaulting 
County Treasurers. 
Certain appropriations not to be 
drawn until contract lodged. 
Duties of Committee ; report to Gen- 
eral Assembly, 4c. 
The same ; further duties. 
Majority may act. 



Sec. 
027. Same ; how paid. 

628. To open account In books for each 
appropriation. 

629. Copies from books of, evidence. 

630. To issue duplicate receipts for money 
paid him ; how disposed of ; penal- 
ties. 

631. To report disbursements to Comp- 
troller daily. 

632. May keep safe In bank for deposit of 
moneys. 

633. Must deposit other moneys in bank ; 
in what banks, 4c. 

634. Banks to make monthly statements 
of receipts and payments ; to whom. 

635. Treasurer to exhibit bank books ; 
when and to whom. 

do. When his accounts to be closed and 
examined ; Joint Committee ; how 
constituted, 4c. 

640. Pay of members of. 

641. Treasurer's duties as to funds for 
educational purposes. 



Section 613. (ooo.) The Treasurer of the State shall receive salary of, and 

a sahirv at the rate of nineteen hundred dollars per annlim. "f his clerks. 

■ ^ i87t), .win.. 

And he shall employ a Chief Clerk at a salary of fifteen hundred 129; i89;j, xxi., 

' ' . 416. 

dollar?; per annum, and two Bookkeeper.^ at the rate of thirteen 
hundreil and fifty dollars each per annum. 

Sec. 614. {550.) He shall, before entering on the duties of ^^^^ 
his office, irive bond, with two or more good and sufficient sure- iso.'i, xiiT^ 

350. 6 6. 

ties, to be ai)proved by the Governor, with a condition for the 



218 CIVIL STATUTE LAWS 

A. D. 1894. ■ 



' •'■ ' faithful discharge of his official duties, and in the penal sum of 

ninety thousand dollars. 
offlcehtrars. Sec. 615. (^'^7.) He shall keep open and attend in his office 
1801, v., 411, §21 fj.Qjj^ jjj^g o'clock in the morning until two in the afternoon on 
every day — Sundays, public holidays and the two succeeding 
days to Christmas excepted. 
How payments Sgc. 616. {o3S.) All payments by the Treasurer of the State, 
'^sTo xvi^'iiF except for interest on the public debt and the pay of members, 
1^, XVII., 753, officers and employees of the General Assembly, shall be made 
on warrants drawn by the Comptroller-General, and the vouchers 
for the claims shall be filed in his office. The said Avarrants in 
the hands of the Treasurer, properly endorsed, shall be sufficient 
vouchers for the payment of the same. 
How interest Sec. 617. {3-59.) The Treasurer shall pay the semi-annual 
tobe^paid.^' '^ interest upon all recognized Brown Consol or Blue four and one- 
xv^'i I ^ m' ^'^^^^ per cent, or Brown four percent, stock of this State in 
18S9' "xx '' 350 • manner following, that is to say : To every person or persons in 
m %i^^' ^^'^ w^hose names certificates for such stock are held, whose post- 
office address is furnished to the said Treasurer, or which he is 
able to obtain, he shall send by mail at least two days before 
the first days of January and July, respectively, in every year, 
checks draAvn paA^able to the order of such person or persons, 
as the case may be, for the amount of interest due to him or 
them respectively. Such checks shall be payable at some bank 
or other financial agency, either in Columbia, Charleston or 
other financial point, to be selected by the said State Treasurer 
upon consultation with the Governor and Comptroller-General, 
according as either of the said cities or other financial points 
may be nearest to the postoffice address of such |)erson or per- 
sons to whom such checks may be sent. And such checks, when 
returned to the Treasurer duly endorsed by the person or persons 
to whom the same were made payable, shall be taken and con- 
sidered as a sufficient and absolute voucher and receipt in his 
hands for the payment of the amount of interest specified 
therein. 
How lost Sec. 618. {3o9.) In case any check mailed in accordance with 
^i^.xvi. 752. ^^^ provisions of the last Section shall be lost and shall fail to 
reach the person to whom the same has been mailed, the State 
Treasurer shall, upon satisfactory proof to him of the fact of 
such loss, and upon receiving a bond of indemnity, w^th suffi- 
cient surety, approved also by the Attorney-General, in an 
amount double the sum for which said check was drawn, issue to 



OF SOUTH CAROLINA. 219 

■ A, D. 1804. 

the said person liis <ln})licate check for tlic sum for which the ' 

ori^Miial check was drawn, which duplicate check shall state 
upon its face that it is a duplicate, and that it is payahle only in 
case the original check is unpaid. And such duplicate check, 
duly endorsed, shall be as sufficient a voucher in the hands of 
the Treasurer, the origiiuil Ijcing unpaid, as the original check 
would have been. 

Sec. 619. (•''''>-'^.) To facilitate the payment of interest in the u^oTs^To^b^e 

manner hereinbefore prescribed, the State Treasurer is author- closed. 

ized to close the books of transfer of said stock for thirty days 
prior to the first days of July and January in each and every 
year, during which period no changes or transfers of such stock 
will be allowed. 

Sec. 620. {Sf'jO.) No receipt or voucher need be taken by the coupons in 
Treasurer upon the payment of coupons of any recognized Brown nanfis sufflciem 

Consol or Blue four and a half per cent, or Brown four per cent. j^ 

bonds of this State, other than the delivery to him of the coupons 
so paid, which shall be held and deemed sufficient vouchers for 
such payment. 

Sec 621 (561.) The Treasurer is authorized and directed to coupons to be 

vjx:\j. \jAii.. \ J . p 1 „ paid In Charles- 
arrange for the payment at maturity oi the coupons ot recog- ton al so. 

nized Brown Consol, or Blue, or Brown four per cent, bonds of ^^'^ "^^■ 
this State in the city of Charleston in addition to the other 
places now fixed by law. 

Sec. 622. (563.) He shall, at the end of every month, report Montbiy re- 
to the Comptroller-General an accurate statement of the cash troiier of cash 
transactions of the Treasury, of every description, stating therein ^^f~v°7409; 
every sum of money received or paid away in behalf of the State, ^^3- ^^ ^^• 
particularizing the person and his office of whom received and to 
whom paid, as also on what account received, and for what pur- 
pose paid. 

He shall, at all times, when required by the Comptroller-Gen- 
eral, produce to him satisfactory statements of the cash in hand, 
and furnish him promptly with official information, duly certi- 
fied, relative to any matter connected with the revenue and 
finance of the State. 

Sec. 623. {564') Any County Treasurer who shall neglect to warrant 
pay over to the Treasurer the amount in his hands belonging to in^ c o u n t y 
the State, or for which he has made himself liable, as required ceeding on. 
by law, shall be liable to be committed to jail by warrant from ^"^' '^'•' ''^• 
the Treasurer, which warrant shall be directed to all the Sheriffs 
of the State, who shall be bound in their several Counties to 



220 CIVIL STATUTE LAWS 

A. D. 1S94. =~~ 

• ' yield strict obedience to the same, under penalty of liability for 
neglect of duty ; and such County Treasurer shall remain in 
strict custody until he shall have rendered a full account and 
paid over the taxes for vvhicii he is accountable. 
Additional Sec. 624. {■'JOo.) If any County Treasurer shall refuse or 
\m, XL, mr. "^gleet to pay the taxes received by him within the time required 
by law, the Treasurer shall, in addition to the coercive power 
which he now possesses, charge the (Jounty Treasurer with in- 
terest at the rate of five per cent, per month from the time he 
ought to have paid the taxes to the time of such settlement. 
Further duties Ssc. 625. {066.) He shall Tcport to the General Assembly at 
cmmiy Trea^ its annual session every instance of default in the County Trea- 
^^m V 411 • s^^^^Sj ^^^ state particularly the means which he has made use of 
1803, v., 455. against such defaulters, so that the General Assembly maybe 
fully informed of any omission of duty, wheresoever and l)y 
whomsoever, in the punctual and due collection of taxes; he 
shall instruct the Attorney-General and Solicitors to proceed 
against all such defaulters as soon as such defaults shall occur ; 
and it shall be the indispensable duty of the Treasurer to en- 
force all legal means against defaulting County Treasurers ; in 
failure whereof, he shall be held to make good any loss which 
the State may sustain thereby, and, moreover, shall l)e deemed 
guilty of a violation of his official duty. 
Certain appro- Sgc. 626. {567.) No appropriation placed under the direc- 
be'^drawn°untii ^ion of any Board of Commissioners shall l)e drawn from the 
contract]wi|ed. treasury until the contract entered into by such Commissioners 

1824, VI., 259, §7 . . "^ "^ 

m virtue thereof shall have been lodged in the Treasury. 
Same; how Sec. 627. {568.) The Commissioners aforesaid shall be au- 
^^-ggg-g — thorized to draw one-third of the appropriation placed under 
their direction in advance, one-third when the contract is half 
finished, and the balance when the work is completed and re- 
ceived by them ; but in no case shall such Commissioners be al- 
lowed to draw upon any contract which is not intended to carry 
into complete execution all the objects for which the appropria- 
tion shall be made, which objects shall be embraced by the terms 
of the contract. 
To raise ac- Sec. 628. {570.) The Treasurer shall raise an account in the 
for each" appro- Treasury books in every instance for the several appropriations 
^^ ^°°' made by the Legislature, so that the appropriations of money 

and the application thereof conformably thereto may appear 
clearly and distinct on said books. 



OF SOUTH CAROLINA. 2-21 

' A. D. IWM. 

Sec. 629. i'''''^-) All exact copy of any entry from the books ' "^^"^ 

of the 'rreasuror, certitied by him, sliall be admitted in evidence bookH of, e vi- 
in any Court of this State, in the same manner as the original — j^^yj' y .jii.~ 
books. 

Sec. 630. (•''~-.) The Treasuror. on receiving money from to ih.su.- duiiii- 
the ( (uiiity ircasurers on account ol .State taxes and phospliate rnoricy puid 
companies on account of pliosphate royalty, or from any other ,„Hi.Ji „}"^})enai- 
jjorson or persons whomsoever, on a7iy account, shall issue du])li- y^y ^^ '^, 
cate receipts for the same, one of which shall Ije designated the iKoa. xjci., 5i7. 
original and the other the duplicate. The original shall be held 
by the person or persons making the payment of the money to 
the Treasurer, for his protection, and the duplicate shall be 
immediately sent to the Comptroller-General of the State by the 
State Treasurer, who sliall from such duplicate receipt make up 
a cash-book, upon which he shall charge the State Treasurer 
with having received the amount so evidenced by said duplicate 
receipt. That said State Treasurer shall designate on the face 
of each receipt on what account the money has been paid, so 
that the Comptroller-Ceneral may be enabled to charge the said 
Treasurer separately with such amounts. If the State Treasurer 
shall neglect to furnish receipts, as aforesaid, he shall forfeit and 
pay a sum not exceeding two hundred dollars, nor less than fifty 
dollars, to be recovered in any Court having jurisdiction thereof, 
and the Comptroller-General, upon information made to him, 
shall take the necessary measures to cause the same to be recov- 
ered. 

Sec. 631. {572.) He shall at the close of business on each Toroportdis- 
day send to the Comptroller-General a rejDort of all moneys paid comptroller 
out by him, to whom paid, and on what account, except money ^g^j xx^sce. 
paid upon warrants of the Comptroller-General. 

Sec. 632. {■'>~3-) He shall have a safe in the vault of one of May kwp safe 
the banks of the city of Columljia, designated by the (iovernor, posit'of moneys' 
the Treasurer, and the Comptroller-General, and may place and /s^^^'>^Vii..^!fj 
keep tlicrein moneys belonging to the State. 

Sec. 633. (-^^4) To facilitate the disbursement of the public Must deposit 
moneys, the Treasurer of the State shall deposit in such bank or haiik "'rcrwha" 
banks in this State as shall be agreed upon by the Governor, the 
Comi)troller-General, and the Treasurer, or by any two of them, 
and as in their opinion shall be secure, all the moneys belonging 
to the State, other than he may keep in the safe in the vault of 
one of the banks in the city of Columbia, as authorized in the 
preceding Section ; the moneys so deposited to be iilaced to the 



bunks, Ac. 
Ih. 



222 CIVIL STATUTE LAWS 

A. D. ISiU. 

''- — Y ' credit of tlie Treasurer of the State of South Carolina. He shall 

keep a hank book showing his deposits in, and nionevij drawn 

from, the bunks in which deposits are made. 

Banks to make Cgf. 034 (o7,'j.) The said banks sliall, respectively, transmit 
monthly stat«- >^'^^' v"-»-. v / » 1 .; ' 

iiifu ts of re- to the Comptrollor-(Jencral monthly statements of the moneys 

celpta imd pay- i j j 

nu'iiis; to wiiom whlcli sliull be paid by them on account of the Ireasury. 
iyu«,xiv.,ir,.«3 g ^j g35 (575> ) The Treasurer shall exhibit his bank book 

Treasurer to »-"^^» v»w»^. \ , ... 

exhibit bank to the Com])troller-General and Governor, for their examination, 

book; when and ^ . . . , 

to whom. on the first Tuesday in every month, or oftener, if required. 

jrb.,10 84. g ggg {517.) The accounts of the Treasurer shall be an- 

When his ac- ^'^v vrw. \ / 

eountb to be nually closed on the thirtieth day of October, and shall be exam- 

closed and ex- '' • 1 

amined; Joint ined during the months of November and December, 111 each 
constitut ed, Ac. year, by a Joint Committee consisting of one member of the 
J ft., §5. Senate and two of the House of Representatives, to be appointed 
by a Concurrent Resolution of the two houses of the General 
Assembly at the session previous to said time of examination in 
each year. 
Duties of Com- Sec. 637. {pIS.) Such Committee shall examine the accounts 
to^Generaf As- ^^^ the vouchcrs relating to all moneys received into and paid 
sem^iy^&c^ — ^^^ ^f ^j^g Treasury during the year ending on the thirtieth of 
October preceding such examination, and shall certify and report 
to the General Assembly ;, at its next session after the said thirtieth 
day of October, the amount of moneys received into the Treasury 
during such year ; the amount of moneys paid out of it during 
the same period, by virtue of warrants drawn on the Treasury by 
the Comptroller-General or any other officer ; the amount of 
moneys received by the Treasurer in office at the time of such 
examination, when he entered upon the execution of the duties 
of his oiifice ; and the balance in the Treasury on the thirtieth 
day of October preceding such examination. 
The same; Scc. 638. (•57'^.) Such Committee shall also compare the 
warrants drawn by the Comptroller-General, or any other officer, 
on the Treasury during the year ending on the said thirtieth day 
of October preceding with the several laws under which the 
same shall purport to have been drawn, and shall, in like man- 
ner, certify and report whether the Comptroller-General or other 
officer had power to draw such warrants ; and if any shall be 
found which, in their opinion, there was no power to draAV, they 
shall specify the same in their report, with their reasons for such 
opinion. 



further du ties. 



act, 



Majority may gec. 639. [f^SO.') A majority of the members of such Com- 
~i\i,^%'^ mittee may perform all the duties required of them by law. 



OF SOUTH CAROLINA. 



223 



iiicinlii'rs of tlio Committee shall receive ^""^'^ "^ 

rmii the irciisury for services una travel »K-nt<.f. __ 

IV them as is allowcrl to inombers of /''•••'•'• 



A. D. INOI 

Sec. 640. (-v/-)'!'! 
the same compensation 
required to bo perfonm-d 
the (loneral Asseinl)ly. 

Sec. 641. {fi^'i.) Tiie State Superintendent of Education Treasurer's 
.shall Luk.0 and hold in trust for the State any grant or devise of fundx fon "i*™- 
lands and any gift or l)equest of money or other personal prop- "j^"jj' ^".y'slj' 
erty made to him for cihuuitional purposes, and he siuiU pay into 
the State Treasury for safe keeping and investment all moneys 
and incomes from property so received. The Treasurer of the 
State shall, from time to time, invest all such moneys in the 
name of the State, and shall pay to the State Superintendent of 
Education, on the warrant of the Comptroller-General, the in- 
come or principal thereof as he may from time to time require ; 
but no disposition shall be made of any grant, devise, gift or 
bequest inconsistent with the conditions or terms thereof. Eor 
all such property, his bond shall be responsible as for other 
funds received by him in his otlicial capacity. 



CHAPTER XX. 

County Officers. 

Article 1. The County Board of Eoad Commissioners. 

Article 2. The Sheriff. 

Article 3. The Coroner. 

Article 4. The Clerk of Circuit Court. 

Article 5. The Register of Mesne Conveyances. 

Article G. The Judge of Probate. 

Article 7. The Master. 

Article 8. Trial Justices. 

Article 9. Constables. 



ARTICLE 1. 



The Couxty Board of Roau Commissioxers. 



Sec. 



012. County CommLsslonere abolished ; 

duty of Road Commissioners. 
043. ElLTtlou of County Supervisor and 

term of oQlce. 
6-14. Hoiul of Supervisor. 
045. Jurisdiction of Supor\'lsor. 



Sec. 



OlO. Governor to appoint Boards of Towu- 
slilp Cotninlsslouers. 

017. Duties of. 

tW. lloaixl of Equalization alwlislied ; 
duties devolvwl uixm County Hoard 
of Cunimisslouers ; compeusutluu. 



224 



CIVIL STATUTE LAWS 



A. D. 18W. 



Sec. 



C49. County Board; Cbalrmaa. 

CiO. Meetings of. 

C51. IloacLs, bridges aad terries to be laid 
olT lu seetlons. 

052. Sections to bo worked by contructa 
and bids to bo advertised for. 

(j.53. Successful bidder to give bond. 

154. Forfeiture of bond ; action on, how 
brought. 

055. Ueraoval of defaulters. 

G5C. Commutation tax ; when payable. 

(557. List of taxpayers and road workers 
to be furnished the County Super- 
visors; the amount of work re- 
quired. 

658. Amount to be paid by contractors for 
those who work out tax. 

059. Accounts to be presented; approval 
and payment of. 

eOO. Report of Board to Court. 

661. Rights to administer oaths and pun- 
ish for contempt. 

602. Sentence of prisoners to hard labor. 

663. County chain gang. 

664. Care of convicts. 

665. Surrender of convicts and safe keep- 
ing of. 

666. Health of convicts. 

667. Poor House and farm. 

608. Regulations for Poor House. 

609. Control of property for the poor. 

670. Apprenticeship of poor children. 

671. Money paid by father of bastards; 
how disposed of. 

672. Contracts as to Poor HoiLse. 

673. Claims for; how approved and paid. 

674. Report to Couit as to Poor House. 
67.5. Seal of County. 

676. Fees to be paid by County. 

677. Court fees to be paid. 

678. Approval of other fees. 



Skc. 

C70. 
080. 
OSI. 

682. 

68.S. 
084. 
685. 

686. 
687. 
688. 
689. 

690. 

691. 

692. 
693. 
C94. 

695. 

606. 

697. 

698, 



700. 
701. 
702. 



Duly of RherilTs, Constables, 4c. 
Reports by County ofllcers. 
Ustlmate of County expenHos for the 
General Assembly. 
Penalty for defaulta by County 
Supervisor. 

Salaries to be paid quarterly. 
Records of Boards open to Insfxytlon. 
Road working under existing law 
permitted. 
Secretary of Board. 
Salaries of Supervisors. 
County funds not subject to levy. 
Fiscal year; time and notice of an- 
nual meeting. 

Provision as to Trial Justices and 
other officers' fees. 
Claims against County; bow made 
out and verifled. 
Claims, how entered ; flle book. 

Claims, when barred. 

No orders to be drawn until Trea- 
surer reports funds to meet them. 

Accounts audited and allowed ; how 

designated and endorsed. 

Comptroller to prescribe forms and 
systems of bookkeeping. 

Certified copies of accounts; bow 

obtained. 

Supervisor to attend annual settle- 
ment with Auditor and produce 

claims ordered paid. 

Commissioners to furnish Treasurer, 

Auditor and School Commissioner 

office room. 

To furnish rooms lor Courts and 

officers; when. 

Extra allowance to salaried officers 

forbidden. 

Commissioners may change the name 

of townships. 



County Com- 
missioners abol- 
ished. Duty of 
County Board of 
Road Commis- 
sioners. 

1893. XXL, 4«1, 
SI. 



Election of 
County Super- 
visor; term of 
offi ce. 

lb., §2. 



Section 642. From and after the first day of January, 1895, 
all Acts, parts of Acts or Sections of the General Statutes relating 
to the election, duties, powers and rights of County Commis- 
sioners be, and the same are hereby, repealed, except such 
special Acts, parts of Acts or Sections of the General Statutes as 
have heretofore conferred special powers and privileges upon the 
County Commi.'isioners of any Couuty. which said duties are 
devolved upon the County Supervisor and County Board of Road 
Commissioners as hereinafter provided. 

Sec. 643. There shall be an election held at next general 
election for State officers in the several Counties of the State for 
one County Supervisor, and at every general election thereafter. 



OF SOT'TII CAKOrjXA. 225 

A. D. IHW. 

whose term of i>ni(f shall lie two years, ami until his successor "^^ — ■<-"—' 
shall have hceii ducted uiid fjUidificd. 

Sec. 644. The County Suiiervisor so eleeted sliail, licfcjre Bondofsuper- 

ciiteiiii^f upon the duties of his office, execute a bond for the use ib.,ts. 

of the County, with three or more sufficient sureties for the 
faithful })erformunce of liis duties, in the penal sum of five thou- 
sand dollars, said bond to be approved in manner the same as 
now jirovided for })onds of County Auditors and Treasurers. 

Sec. 645. The County Supervisor shall have general jiiritidic- Of^rn-rai juhb- 

tioii over all public liighways, roads, bridges and ferries, and p^n-iwr. 

over the paupers, and in all matters relating to taxes and dis- ■^''•'*'*- 
bursements of public funds for County puri)Oses, in their respect- 
ive Counties, and in any otlicr case that may be necessary for 
the internal improvement and local concerns of their respective 
Counties ; said Supervisor shall have power and authority to 
administer oaths to any person in reference to matters appertain- 
ing to his office. 

Sec. 646. The Governor shall appoint, upon the recommend- Governor to 
atiou of the Senator and members of the House of Representa- of Township 

tives from the respective Counties, three discreet freeholders in "ji,.,j5. ' 

each township in the several Counties of the State, who shall be 

known as the Board of Township Commissioners, whose term of 

office shall be coterminal with that of the Governor by whom 

such Commissioner shall have been appointed, and until their 

successors are appointed and qualified. In case of a vacancy or vacancies. 

in case of the refusal of any person so appointed to serve as such 

Commissioner, the Governor shall fill the same as hereinbefore 

provided: Provided, That no jjerson shall be required to serve Times of service 

more than once in every four years ; and said Commissioner shall, 

during the term of his office, be exempt from all road and jury Exempuons. 

duty. 

Sec. 647. All the duties, powers and privileges now devolved Duties of as 
by law upon the Township Boards of Assessors be, and the same are fore''' "' '^^^^* 
hereby, devolved upon the Township Boards of Commissioners, n>->iG' 
and the Township Boards of Assessors are hereby abolished. 

Sec. 648. All the duties, powers and privileges now de- Board of 
volveil on the County Boards of Equalization be, aiul the same affi.^";' d u" 
are hereby, devolved upon the County Board of Commissioners, Iiixfif c J^l^fnTy 
and said Board of E(pialization is hereby abolished. And the m'/'sf^ii/n eT' 
members of said Board, while performing the duties now de- '••ompeuaauon. 
volved upon the County Board of E(|ualization, shall receive the 
same compensation as such Boards now receive. 
15—1 



no CIVIL STATUTE LAWS 

A. D. IKM. 

' ■<' ' Sec. 649. I'lie County Supervisor, together with the Chair- 

of conii"nis.sion- men of the Township Boards of Commissioners in the several 
^ih s'h^"'" townsliips apjiointed by the Governor, shall constitute the County 
Board of Commissioners, of which said Board the County Super- 
visor shall be Chairman. 

Moetinp for Scc. 650. immediately after the appointment of the several 
('JTii rYe rTy Boards of Township Commissioners, and the election and quali- 
r u*iiK*^e .\Vra fic^'^tion of the County Supervisor, or as soon thereafter as may 
raUeViT ni'Vin- ^^6 practicable, the said Supervisor shall call a meeting of said 
Board of Kquai- Board for the purpose of organization. And the County Board 
izatioD . — q£ Commissioners shall meet thereafter on the first Mondav in 

lb. 89. 

Januarv, April, .July and October of each year at the County 
Court House, for the transaction of business, and a majority of 
said Board shall constitute a quorum : Provided, That the Chair- 
man of said Board may call an extra meeting at any time, and 
shall be required to do so upon the written request of three mem- 
bers of the Board. That at the first meeting of said Board they 
shall elect one of their number w^ho shall be a member of the 
State Board of Equalization and who shall perform all the func- 
tions of said office as now provided by law. 
Roads, bridges Sec. 651. It shall be the duty of the County Supervisor, 
faid ?ff"m ^J^- together with the Chairman of the Board of Township Commis- 
ti^. — sioners, to lay olf into convenient sections the roads, bridges and 
ferries in the several townships in their respective Counties, 
which said sections shall be numbered for the purpose of letting 
out the same to be worked and maintained under contract. 
If roads be Sec. 652. It' the County Board of Commissioners conclude 
tracffadvertise- to adopt the coutract svstem for working, maintaining and ope- 
Srwds-'bids'to rating the several sections of highAvays, roads, bridges and ferries 
lowest ^resjwn- '^^ ^^^ several townships in their respective Counties, the County 
acceptei^- ^ight Supervisor, as soon as j)racticable thereafter, shall advertise in a 
to reject bids^ newspaper published in the County once a week for three weeks, 
and by notices posted in two or more conspicuous places in the 
several townships, for bids from responsible persons for the per- 
formance of the work as above set forth. Any and all bids made 
shall be in writing, sealed, and addressed to the County Super- 
visor, and by him opened and submitted to the County Board of 
Commissioners, and it shall be the duty of said Board to accept 
the lowest bid made by a responsible person or party : Provided, 
The County Board of Commissioners shall have power to reject 
any and all bids. 



OF .SOUTU CAUULl^SxV. 




Hue- 
bidder. 



Sec. 653. When any bi'l sliuU Imve been accepted hy the 

('((Uiitv Hn-Aul of CiMiiiiiissiuiiers thcv shall require the person or ^omi by 

party whose liiil shall have Ijeen accepted to enter into hond //>., «ia. 

(joiihlc the aiiiDiint of said l)iil, and with good and sunicicJit 

surety, pavablc to said H(»ard and their successors iu olhce, for 

the use of the ('ounty. which hond shall specify the nature of 

tile work r(M|iiirod. ('()iiditit)nc(| for the faithful ijcrfonnancc of 

the same. 

Sec 654 111 case of the failure of any conti-aetor to perform , K'Tfciture of 
*j\j\j. v»t» A, . I lM)n(l ; wtlon on 

the conditions of his homl. the Hoard of County lioad Com mis- •"'"•J; piiyment 

•' . . . . of pnx'PfMMi. 

sioners shall declare the same forfeited, and tlie Circuit Solicitor ih..ivi. 
shall enter suit in (he name of said Board upon said bond for the 
peiudty thereof, and any sum of money recovered in such action 
shall be paid into the County treasury and become a })art of the 
County road fund. 

Sec 655 The CJounty Board of Commissioners shall have Removal of 
power to remove any and all defaulting contractors and to relet //,., ji4. 
the section or sections of highways, roads, bridges or ferries so 
let to him to some other responsible person or party. 

Sec 656 'I'he County Treasurers of the several Counties are . commutatioD 

Kjc^v. wvr. J tax ; when pay- 

hereby authorized and empowered to receive from any and all ai>ie. 
persons liable to road duty in the several Counties the sum of 
two dollars as a eomniutation tax in lieu of all road duty required 
by law, and all money so jiaid shall be set apart and known as 
the County Road Fund : Provided, That said commutation ta.x 
be paid between the first day of November and the first day of 
March in each year for that fiscal year, or wdieu State and County 
taxes are paid, and that the County Treasurer shall furnish a 
receipt to the person so paying the same. 

Sec. 657. The County" Treasurer shall furnish the C'ounty ,^u^^'^.;j ^such 
Supervisor a list containing the names of all persons who have [""^Q^v^ip^,!^!! 
paid their commutation tax, and the Chairman of the Town- %'',-j"',^,rk^p^r^5 
ship Board of Commissioners shall also prepare and furnish t<> '^'JJJ.^'»p"^^'jj|^.";',f 
the Supervisor a list of all persons liable to road duty in their wiu-re to^work 
respective townships, and the said Supervisor shall check off the 
names of all such persons reported on the list of the County 
Treasurer as having paid their commutation tax, and all jiersons 
whose names shall remain on the list so checked shall be required 
to perform road duty, not exceeding in the aggregate of six days ; 
said persons shall not be required to work more than three days 
in any one week, and shall be assigned to such duty by the County 
Supervisor under one of the contractors in the township having 
IT)*— I 



seers. 



tittcUjrs. 
Ib.,%7. 



228 CIVIL STATUTE LAWS 

A. U. IKIM. 

~-^~^^ ' under control the section or sections nearest the residence of 

such person or persons : Proridcd, Thsit in those Counties where 
the contract system is not adopttMl, said persons shall jicrforni the 
Road Over- work Under road overseers, to be appointed by the Townshi)» 
Board of Commissioners for each townslii)), under the provisions 
of existin<y laws, 
p u iTby^con- Sec. 658. It shall be the duty of the contractor of any section 
to receive sucii person or persons assigned to him, under Section 
657,, by the County Supervisor, and he shall allow to the County 
Board of Commissioners a sum not less than fifty cents ])er diem 
for the labor of any such person or persons, and said sum shall 
be credited upon the amount due or to become due said con- 
tractor by the said Board. 

Accounts to be ggc 659 All accouuts, chums and demands of whatever 
presented ; a p- ►'^^i w«^«^. , 

provai and pay- nature existing against the County for opening, constructing, 
ib^, §19^ maintaining and operating any public highway, road, bridge or 
ferry shall be presented to the County Board of Commissioners, 
duly attested, and if approved by said Board the County Super- 
visor shall draw his warrant upon the County Treasurer, under 
the seal of the County Board of Commissioners, for the amount 
of any such claim or claims, which warrant shall be counter- 
signed by the Secretary of the Board, and the same shall be paid 
by said Treasurer out of the County road fund. 
Rep ort to Court. Scc. 660. '•'he County Board of Commissioners shall, at the 
lb., 8 21. jg^g^ iQvm. of the Court of General Sessions in each year, make a 
rej^ort to the presiding Judge, to be by him submitted to the 
Grand Jury, of all their actings and doings, containing an item- 
ized statement of all amounts ordered to be paid by them, the 
condition of the public highways, bridges and ferries in their 
respective Counties for the fiscal year, and all matters appertain- 
ing to the same. 
Right to ad- ggf} gfil The members of the County Board of Commis- 

minlster oaths •^^'^' vrv*. .... , 

and punish for sloucrs shall liavc powcr to administer oaths to all persons ai)pear- 
[h.,%-n. iug before them, and to punish by fine not exceeding ten dollars, 
or imprisonment in the County jail not exceeding twenty hours, 
any and all persons guilty of disorderly conduct amounting to an 
open or direct contempt or willful interruption of their pro- 
ceedings. 
Sentence of Sec. 662. All the Courts of this State and municijial author- 
hard^iabor.^ '' " ities wliicli under existing laws have power to sentence convicts 
lb., §23. to confinement in prison with hard labor shall sentence all able- 
bodied male convicts to hard labor upon the public works of the 



OF SOUTH CAROLINA. 229 

A. D. 18M. 

(/((iiiilv ill wliicli s;iiil pursoii shall have been convicted, and in '"~~"*''"~^ 

tiie alternative U> iiiipiisdiiniciit in liie County jail or State l*eni- 

tentinrv at hard laltor: I'rovidcd, That municipal authorities Municipal con- 

may .sentence munu'ii)al convicts to work \\\nm the strticts and 

other public works of the municipality in which they have been 

convicted, and such convicts, when so sentenced, shall work 

under the exclusive direction and control of the municipal 

autliority imposing sentence : Provided, That no convict whose proviao. 

sentence shall be for a period longer than two years shall be so 

sentenced. 

Sec. 663. All convicts so sentenced shall be under the super- county chain 
vision and control of the County Supervisor and by him formed ^^^^^' ^o^ - 
into a County chain gang and required to peform hard labor 
upon the public highways, roads, 1)ridges and ferries or public 
l)uildings in tiie County ; he shall direct the time, place and 
manner of hibor to be performed by said chain gang : Provided, proviso. 
That said chain gang shall not be worked in connection with or 
near any road contractor or overseer. 

Sec. 664. The County Board of Commissioners shall diet care of con- 

.; Ticts; tools, 4c.; 

and provide suitable and efficient guards and appliances for the expenses. 
safe keeping of said convicts. They shall likewise provide all 
necessary tools, implements and road machines for performing 
the w^ork required of said convicts, all costs and expenses of 
which shall be paid out of the County road fund in the same 
manner as other charges against said fund are paid. 

Sec. 665. Ill case any convict or convicts so employed by the surrender of 
County Supervisor shall become ungovernable or unfit for the labor safe keeping of. 
required of such convict or convicts, the said Supervisor may ^'^••*-'^- 
commit such convict or convicts to the State Penitentiary or 
County jail. And it shall be the duty of the Superintendent of 
the Penitentiary, or the Sheriff of the County, as the case may 
be, to receive any such convict or convicts so committed. "When 
said chain gang is not employed, or when convenient and prac- 
ticaljle, they shall bo conllned in the County jail for safe keeping 
under direction of said Supervisor. 

Sec. 666. The County Board of Commissioners shall be Health of con- 
authorized and required to employ a physician or physicians ^'^'^■^• 
whenever necessary to render medical aid to sick convicts and to 
preserve the health of the chain gang. The fees and expenses Fees and ex- 

of the same, as well as for medicines prescril)ed. to be jiaid out ^"^^'^37 

of the road fund as other claims are paid against saitl funds. 



fa rm. 



>30 CIVIL STATUTE LAWS 

A. D. 1804. 

" •,' Sec. 667. TlieCounty Board of Commissioners shall have gen- 

Ho"usT'u'nd eral supervision over the paupers and the Poor House and farm 
of the County, and the said Board shall ])rovide all necessary 
building.s for the acconiniodution of the poor of the (Jounty, with 
sufficient tillable land to give employment to all paupers able to 
M'ork. and said buildings and lands shall be designated as the 
Poor lIou.se and Farm of tlie County. 
Regulations for Sec. 668. Said Board shall be empowered to make all neces- 
.fu^niutendent sary rulerf and regulations for the government of the County 
physici^^'.'"*'*' Pt^or House and farm, to appoint a superintendent, with such 
lb., 829. assistants as may be needed, to provide means for the employ- 
ment as may be best suited to the inmates of the Poor House, to 
see that every pauper able to work is employed, and to appoint 
one or more physicians to the Poor House, who shall furnish 
medical aid to the indigent sick. 
Control of Scc. 669. The County Board of Commissioners shall have 
property for the pj^^^pj. ^^ demand, sue for and receive all such gifts, legacies, 
ib.,%zo. fines, forfeitures and all other moneys or things which may be 

given or coming to the use of the poor. 
Apprentice- Sec. 670. la case any poor child or children shall be, or be- 
chiidren ;*ages^ comc, chargeable to the County, the County Board of Commission- 
children"'"^'^^ ers may bind out any such child or children as an apprentice to 
jb., §31. some person of good moral character until such child, if he be 
male, shall arrive at the age of sixteen years, and if it be a female 
until she arrive at the age of fourteen years or shall marry. The 
said Board shall have power to bind out to service, under some 
person of good moral character, any illegitimate child or children 
likely to become chargeable to the County, or liable to be demor- 
alized by the immoral conduct or evil example of their mother 
or other persons having them in charge, in the manner and for 
the time prescribed for pauper children, and they shall have 
power to issue all necessary writs to enforce the provisions of this 
Section. 
Moneys paid Sec. 671. Any moneys becoming dues on any recognizances 
b^tards.^*^ ° ' given for the maintenance of any illegitimate child or children, 
lb., §33. if such child or children shall be bound out to service, shall be 
paid to and received by the Supervisor, to be invested and ex- 
pended by him under the order of the Probate Court for the 
benefit of such illegitimate child. 
Contracts as to Scc. 672. The County Board of Commissioners shall have 
ven^sement ^or power to make all contracts in reference to supplying the Poor 
^^^^' House and inmates thereof, repairing buildings and other ueccs- 



Ib., g 34. 



OF SOl'I'II CAIJoLINA. 231 

A. I). IWM. 



siiry exponscs inriilciit in the cari' and inaintriiaiicc (if saiil \'t<ny ' ' 
House ami farm. Wliric any con true; t shall cxci-cd the suiii of 
twiMity dollars, Lhey shall advertise and receive l)i(ls for sunie, unci 
shall accept the lowest hid from a res|)onsilile person. 

Sec. 673. All accounts, claims and demands of whatever Accountaiobo 
nature apiinst the County in reference to the I'f)or House or J,'p,iI^vod! to be 

farm for the maintenance and sujjport of jjaujjers shall ^^^ V^g- ^'*^l^~^^ 

sented, duly attested, to tlie Board of County Commissioners 
and be by them audited, allowed or rejected, and for the amount 
of any claim so audited and allowed the Coimiy Su|ki\ isor shall 
draw his warrant, under the seal of the Board, upon the County 
Treasurer, countersigned by the Secretary of the Board, who 
shall i)ay the same out of the pauper fund of the County. 

Spfi 674 The County Board of Commissioners shall, at the Uepr-n to court 

wcv. wit:. j , o • • 1 1 as to Poor House 

last term of the Court of General Sessions m each year, make a j/,., g3(j. 
report to the presiding Judge, to be by him submitted to the 
Grand Jury, of all their actings and doings for the fiscal year, 
containing an itemized statement of all amounts ordered to be 
paid by them, with a list of inmates and the condition of the 
Poor House, farm and inmates. 

Sec 675 The County Supervisor shall i)rocu re and ad<>|)t a seai of couuty; 

, 1,1, 1 • i- 1 .• • 1 'lescrlptlon and 

seal, and when so adopted shall cause a description tliereor, witli impression to be 

an impression therefrom, to be filed in the office of the Clerkof //]., ga?; 

Court, and of the SherilY. Treasurer and Secretary of State, and 
the same shall thereupon be the seal of the Supervisor, and all 
orders or other papers signed by said Commissioner shall be 
authenticated by the official seal. 

Sec. 676. Each County shall pay : 1. The fees of the grand Fees to be paid 
and petit jurors while in attendance upon the Circuit Court, 'i. //j., gas'. 
Witnesses' fees in the State cases for actual attendance upon 
the Circuit Courts as provided by law. 3. Fees of physicians 
and surgeons testifying as experts before a Coroner's jury or the 
Circuit Court. 4. Fees of Sheriffs and Clerk of Court as pro- 
vided by law. 5. Fees of County Coroners allowed by law. 
6. Fees or salaries of Trial Justices and Constables. 7. The 
compensation of Auditors, Treasurers and County Supervisors 
as provided by law. 

Sec 677. 'fliat the fees allowed jurors. Constables and wit- <<'i'rt f.-w t.. 
nesses shall be paid by the Treasurer of the Counties, on the iibi>- (or u mes. 
presentation to them of certificates signed by the Presiding .) udge 
and countersigned by the Clerk of the Court, or be receiveil by 



232 CIVIL STATUTE LAWS 

A. D. IKM. ~" 

' -I him ill the piiynient of all County taxes when duly approved by 

the County Supervisor. 
Approval of Sec. 678. That the accounts of the Coroners and Sheriffs and 

other fees ; pay- i i • • ' y e * i i 

ment^ Sui)orvisor. aiul physicians or surgeons fees for post inortein, 

//(., 810. shall be approved by County Board of Commissioners, and the 

Supervisor, on their approval, shall draw an order upon the 

County Treasurer for the payment of the same, countersigned by 

the Secretary of the Board. 

Duty of Sec. 679. Sheriffs, Deput}' Sheriffs, Coroners and Constables 

bu»?te'.^°'"'^" shall execute all legal orders to them directed by the Boards 

//(., 841. herein provided for, or the Chairman thereof, and shall receive 

therefor the Siinie fees and costs allowed in other cases. 
Reports by Scc. 680. That the reports of the County Treasurer and 
settiment^'^ ' other officers now required by law to be made to the Board of 
lb., 843. County Commissioners shall be made to the County Supervisor, 
and all settlements by any of the County officers now required 
to be made with the Board of County Commissioners or its 
Chairman shall be made with the County Supervisor. 
Estimate of Scc. 681. The Couuty Board of Commissioners shall prepare 
peuses^ for ^the ^"^ estimate of the amount of money necessary to pay the expenses 
General Assem- ^ J j^^^j.j.g^ bv Said Boards and for ordinary County expenses, and 
lb., 843. report the same to the Comptroller-General of the State, on or 
before the 15th day of Xovember of each year, to be by him sub- 
mitted to the General Assembly, in order to provide the neces- 
sary taxation for County purposes. 
Penalty for Scc. 682. In case of the failure of the County Supervisor to 
County" Superb faithfully perform the duties of his office or the conditions of his 
bond, it shall be the duty of the Solicitor of the Circuit in which 
such Supervisor shall reside to bring an action upon the bond of 
said Supervisor in the name of the County, and any amount real- 
ized from said suit shall be deposited in the treasury to the credit 
of the road fund, and shall receive therefor such fees as the 
Court shall designate. 
Salaries to be Scc. 683. That the sidaries of the Supervisor in the several 
paid quar^riy^ q^^^^j.-^^^ sliall be paid quarterly by the County Treasurers out of 
the County funds in the same manner as other claims against 
the County are paid. 
Record and Scc. 684. That it shall be the duty of the County Supervisor 
toln^tion^" to causc a record to be kept of all the proceedings of the Board, of 
lb, 846. which he is herein made Chairman, as well as a record of all con- 
tracts entered into with said Boards, as provided in this Article, 
which said records shall be open to public inspection, and all 



visor. 

7b., 844. 



OF SOUTH CAROLINA. 233 

A.D. IKM. 

necessary books uihI matrrial l'i>r keeping same shall be paid for "" ■' ' 
out of the funds herein provided for the respective Boards in the 
same manner aft other char<;e.s are jiaid. 

Sec 685 'J'hat so much of this Article UK ai)plie8 to the work- noadworktn« 
ing of the public hi<,Miways by the cimtract system, and hy con- uw iH-nniited -. 
victs in chain f,'an<;s, shall not be obligatory on such County Hoard " ;,, _ J47. — 
of Commissioners as conclude that the present system of working 
the highways in their respective Counties is more conducive to 
the welfare thereof ; and in such cases overseers, as now provided ovcraeere. 
by law, shall be appointed in each township by the Board of 
Township Commissioners for such townships, who shall execute 
the laws now in force in reference to the working of public high- 
ways. 

Sec. 686. That said County Board of Commissioners at their swretary of 
first inciting shall elect one of its members as Secretary thereof 



//>., 848. 

Sec. 687. That the salary of the Supervisor in the respective ^^^^ ^^ ^^_ 
Counties shall be as follows : In the County of Abbeville, 900 P;f,'^:|^'J^J^^^ 
dollars ; in the County of Aiken, 800 dollars ; in the County of /^., g4a. " 
Anderson, 600 dollars ; in the County of Barnwell, 800 dollars ; 
in the County of Beaufort, 800 dollars ; in the County of Berke- 
ley, 500 dollars ; in the County of Charleston, 1,000 dollars ; in 
the County of Chester, 800 dollars ; in the County of Chester- 
field, 400 dollars ; in the County of Clarendon, 800 dollars ; in the 
County of Colleton, 800 dollars ; in the County of Darlington, 600 
dollars ; in the County of Edgefield, 800 dollars ; in the County 
of Fairfield, 650 dollars ; in the County of Florence, 500 dollars ; 
in the County of Georgetown, 750 dollars; in the County of 
Greenville, 000 dollars ; in the County of Hampton, 600 dollars ; 
in the County of Horry, 500 dollars ; in the County of Kershaw, 
600 dollars ; in the County of Lancaster, 300 dollars ; in the County 
of Laurens, 600 dollars ; in the County of Lexington, 600 dollars ; 
in the County of Marion, 800 dollars; in the County of Marlboro, 
700 dollars ; in the County of Newberry, 750 dollars ; in the 
County of Oconee, 500 dollars ; in the County of Orangeburg, 
800 dollars ; in the County of Pickens, •400 dollars ; in the County 
of Richland, 900 dollars ; in the County of Spartanburg, 1,000 dol- 
lars ; in the County of Sumter, 1,000 dollars : in the County of 
Union, 600 dollars; in the County of \\'illiamsl)urg, 600 dollars ; 
in the County of York, 500 dollars. 

Sec. 688. (^'-?".) No funds raised bv taxation for any County county funds 

, 1 11 1 1 • . I 1 1 ii not subJtH't to 

])ur])(»scs wjiatsoever shall be subject to levy under the process ievy._ 

of auv Court of this State. ' ^^^ ^^- ^~- 



334 CIVIL STATUTE LAWS 

A. D. 1894. 

'^ Sec. 689. ((>''!.) The fiscal vear shall commence on the first 

Flwal year; » -nr i » ' mi 

time and notice day 01 jNovember of each year. The annual meetino[ of the 

of annual meet- , -n i j. /-. • • ' r ■> r^ . i n i i 

inp; rial ms LoiiTitv Board of Commissioners for each County shall be on the 

agaiust Countv. „ ' , ., ir. ^ri <.-»t'i 

1875, XV., yj3; nrst Lliursday after the hrst Jlonday of J\oyem])er, and the 
iswi ix!,"™!* ' Clerk of the Board shall give notice of the time of holding said 
annual meeting by inserting the same at least once a week for 
four weeks previous to such meeting in any ne^vspaper published 
in the County ; and if there be no newspaper published in the 
County, then he shall post said notice on the court house door. 
Said notice shall require all persons holding demands of any kind 
against the County, not previously presented to the Board, to 
file the same with the Clerk on or before the first day of Novem- 
ber, so that they may be examined and ordered to be paid at the 
annual meeting ; and it shall be the duty of all persons holding 
such accounts or claims, not paid, to deposit them with the 
Clerk of the Board as required in the notice. 
Provisions as Sgc. 690. All fees and accounts of Trial Justices and other 
tices' and other officers for criminal proceedings, including cases of vagrancy, 
~T875rxvT, ooT; whcn not recovered from the defendant or party complaining, at 
1884, XVIII., 736 ^j-^g p^tcs allowed by law^ shall be paid by the County wherein 
the offense shall have been committed : Provided, Said fees and 
accounts do not exceed the sum of five hundred dollars per 
annum, and all accounts rendered for such proceedings shall 
state when such offense was committed. The provisions of this 
Section shall not apply to the Counties where, by special legis- 
lation, such fees and accounts have been otherwise provided for. 

Not inconsistent with Subdiv. 5, above. — Rogers v. Marlboro Co., 32 S. C, 
555. 

Claims against Sec. 691. {623. ) Xo account shall be audited and ordered to 
made out and be paid by the County Board of Commissioners for any labor 
~l87. 5 XV 9 92' performed, fees, services, disbursements, or any other matter, 
4i2-'i879^'^ui" ^^^^ess it shall be made out in items and accompanied with an 
175; 1893, XXI., affidavit attached thereto, and made by the person or officer pre- 
senting or claiming the same, that the said items are correct, and 
that the labor, fees, disbursements, services or other matter 
charged therein have been in fact done, made, rendered or are 
due, and that no part of the same has been paid or satisfied. 
And the Clerk of the Court, the Sheriff and Trial Justices shall 
declare further on oath that the costs in such cases have not 
been recovered out of the defendants, and that the defendants 
are unable to pay costs ; and also that all fines and penalties 
heretofore collected by them have been faithfully and fully paid 



OF SOUTH CAROLINA. 235 

— A. D. 18fl4. 

over Id tlir County 'ri-casurcr. In every case the Trial Justiees ^"^^'^^"^ 
shall r\liii)il. the original |)a|)ers in wliicli costs have accrued. 
Nothing' in this Section shall he cdnstrued to i)revent the lioard 
from disallowing any account, in whole or in part, when so ren- 
dered and verified, if it appears that the charges are incorrect or 
that the services or dishursemcnts have not, in fact, been made 
or rendered, nor from requiring any other or further evidence of 
tlie truth or propriety thereof. No allowance or payment beyond 
legal claims shall ever be allowed. And the Board may refuse 
to audit or allow any claim or demand whatsoever, unless made 
out and verified in the manner herein specified. No fees shall 
be paid by the County Commissioners for the proof of any claim 
or claims presented to them against their respective Counties. 

All public officers are required to probate without compensa- 
tion all claims against their respective Counties. 

A salary fixed by law ueed not be andited.— State v. Starling, 13 S. C, 264. 
Method of auditing.— S'^a^e v. Appleby, 25 S. C, 100 ; Green v. Countij Com- 
missioners, 27 S. C, 9. Board cannot review action of predecessor on claim. — 
County of RicJUand v. Miller, 1(5 S. C, 23(3; State v. Kirby, 17 S. C, 5(^5. 
Mandamxts against Board.— Hiinfer v. Mobley, 26 S. C, 192 : State v. County 
Commissioners, 28 S. C, 258. Appeal from action of Board. — Green v. County 
Commissioners, 27 S. C, 9. 

Sec. 692. (.624.) The Commissioners shall keep in their claims, how 
office a "File Book," in which all claims presented for their booiT" ' _^ 
consideration shall be entered by their Clerk, designating the i^o'^^ivij" ^f' 
date of filing, by whom presented, to whom such claim belongs, 
and the character and amount thereof. The Clerk shall number 
said claims in the order in which they are filed, audited and 
allowed, from number one upwards. 

A memorandum of the time of presenting such claims and the 
names of the persons in w^hose favor they are made out, and by 
whom presented, shall be entered in the minutes of the Board. 
No account w'hen presented, audited and ordered to be paid shall 
be withdrawn from the custody of the Board or their clerk for 
any purpose whatever, except to be used in evidence upon a judi- 
cial trial or proceeding, in which case it shall, after being so 
used, be forthwith returned to such custody. 

Sec. 693. (625.) No claim against any County of this State claims, when 
sliall be valid and payable unless the same be presented to and ^'^'^-- 

^ '' ^ ISffi, XVII., T6U. 

filed with the County Board of Commissioners of such County 
during the fiscal year in which it is contracted or the next there- 
after; and all claims not so presented and filed shall be forever 



23G CIVIL STATUTE LAWS 

A. D. 1804. ~~"~ 

" y "^ banvd. Tint: provisiuu shall not affect the law now of force as 
to the bonded debt of any County. 

state V. Knight, 81 S. C, 81. 

No oniers to Ssc. 694. (^~6'. ) Tho Kuiird sliull draw no orders on the 
TreasTrer"re- Coiuity Treasurer until after the monthly report of the Treasurer 
meet their'n '^ ^ l^'^s been received by them, and unless he has reported the funds 
1878, XVI., aw. in the treasury to pay the same; and the Commissioners shall 
inform the County Treasurer of the orders drawn, in whose favor, 
the amount and the order in which they are drawn ; and it shall 
not be lawful for any County Treasurer to pay an order of the 
Board of Commissioners unless drawn in conformity with this 
Section ; and it is made the duty of the Comptroller-Ceneral, in 
case of any violation of the provisions of this Section whicJi may 
come or be brought to his notice, to report the offender to the 
Attorney-General for prosecution, or to the Governor for dis- 
missal, as the case may be. 
Accounts au- Sec. 695. (^^9.) The Clerk of the Board shall designate 
edt'^how desig- every account upon which any sum may have been audited and 
dorsed.^'^^ *^'^" allowed, the amount so audited and allowed, and the charges 
1875, XV., 994. f^^. ^yincli the same was allowed ; and the Board shall endorse on 
every account allowed and ordered to be paid words indicating 
that it has been audited. 
Comptroller to Sgc. 696. The Commissioners shall keep an account of claims 
and^systemTof audited and allowed by them against the several funds appro- 
bookkeepiDK. — px'iated for County purposes, in accordance with a form to be 

1886, XIX., 050; ^ J i i ' 

]88y,xx., 350. prescribed by the Comptroller-General ; and they shall conform 

to any system of bookkeeping that may be prescribed for use in 

their oflfice by the Comptroller-General. 

certmed copies Sgc. 697. {'^20.) The Clerk shall deliver to any person who 

how^obtained^ ■ ^lay desire it a certified copy of any account on file in his office, 

lb- on receiving from such person ten cents for every folio of one 

hundred words contained in such copy. 

To attend an- Sec. 698. Upon notification by the County Auditor of the 

of'Tre^a'^uTer ^'"'^'Y appointed for the annual settlement of the County Treasurer 

produ'ce'^ciaims ^ith the Auditor, the County Supervisor must attend in the 

ordered paid. Auditor's office and produce the claims allowed and ordered paid 

TssoTxx., 349^; bv the County Board, and vouch thereby each amount presented 

1893 XXI, 489 j ' ^ i. 

842.' " ' by the Treasurer for a settlement Avith the Auditor for the amount 
of County taxes charged against him on the Treasurer's dupli- 
cate for each year. 



OF SOUTH C'Al^ol.lNA. 




Sec. 699, {'>■'■'•) ll ^li;ill !)(' till' duly of tlic Cuiiimisgioners 
to fiiniisli tlu' Auditor. ScIiodI Comiiiissioncr and 'rn-asuror of T-ifumiMh 

, . . ,. 1 • I I Tr<"HHiiriT, A ii- 

tlicir ivspi'ctivi' ( ouutu's oliicc ntoin. to<;c'tli('r willi tlu! iicci'ssury <iit<'niiiii s<hfx>i 

, I • I 1 II 1 1 1 <'"iiniil>w loner 

tiiriiit lire and slalioiicrv lor ilic same, wliicli shall l)(' ke))t at the w 1 1 h noice 

1 ■• 1 • " i • /I i • II 1111 nMiiii, 4c. 

court house ol tlu'ir icspectivi' ( ounru'S ; and they shall also ikts, xv., iw«: 

sui)i)ly the ofliee of the S(!hool Coniniissioner with fuel, li^rhts, '«™' xvi..582. 

postage, and such other incidentals as are necessary to the ju-oper 

transaction of the lep^itiniato Inisincss of his ofTice. 

Sec. 700. {^>-^4-) If iit ii'iv time tlie court house rif any County To furniHh 

•■'^y •^•^' V ,, . rfMitns for Courts 

111 this .State shall he in coui'sc of reconstruction or reiiair. oi- »'"' <>nic-ers; 

. . Wllftl. 

from any other cause shall not he in condition to he occupied. ik75, xv., stwj; 

tlie County Hoard of Commissioners of such County must furnish bI. ' ^^'■* ^^^' 

suitable rooms for the accomnioilatioii of (he Coui-ts and ])ublic 

officers. 

Sec. 701. U>oS.) No member of the County Board of Commis- Extra aiiow- 

, ,1 , „ i. 11 i. ^ 1 • anw to salaried 

siouers shall vote lor an extra allowance to any ])ersoii who is officers forwd- 

paid by salary, nor shall the Treasurer -of said County knowingly i^f^.,^ xv., ms". 

pay to any such person any extra allowance. 

Sec. 702, {^^4^-) The Commissioners may cliange the name May change 

or names of any or all of the townslii^js in their respective Coun- ships! notice. 

ties. They shall give notice of such change of names as they ^*'*' ^^i" 865. 

may make, within fifteen days thereafter, by publication in a 

public gazette published in their respective Counties, or by notices 

posted in at least three public places in the County if no gazette 

is published therein. 

[Note.— Tlie i)ro visions of Sections ess to 702 inclusive are such laws relating 
to the duties of County Commis.sioners which are not considered in conflict 
with the preceding Sections of this Article, knowTi as the County Goveninieut 
Bill.] 



AirncLE 2. 

The Shi: riff. 

Sec. I Sec. 

70.3. Election of SherllT ; when held. | 711. To (lualify before u.s.suiiiiu>j otlUr; 

704. Vacancy ; how a lief I . ■ how. 

705. I'onmer to act as SlierilT during a ~1-. No Sheriff or his deputy or clerk to 
vuciincy. practice law or act as Clerk of Court. 

7tM). Clerk to act until Coroner takes 7i;*. Deinillcs; how apiMiliited and <'on- 

cliarp' or vacancy Illled. llriiied ; tenure of olllie; l)ond;iv- 

707. Coroner to act when sheriff Is a party. sponslbillty of Sheriff for. 

708. Sheriff to llle his iKind ; when and 711. Deputj to take oath of office; duties 
when-. of. 

700. .\niount of bond. 715. Special deputies ; how and when u\>- 

710. Sureties liable iinmodiately and aliso- | pointed: Sheriff n^ponsible for. 

lutely; when. i Tlli. offices; where kept. 



238 



CIVIL STATUTE LAWS 



A.D. 180 1. 



SKC. 8KC. 

71". Books to be k<'pt; i'ci|tilr<-iiii-I)t.s lus to; 73;i 

how piiiMTs to Ih- urniiitrfil. 
71H. To turn over furulturt', IkhjKk uikI 734. 

pap<Ts to siUTcssor ; la'imlty. 
7r.i. To pay to succos.sor inom-ys due us ~'V>. 

Sht-rid ; within what tlni«*. 

720. Coiniulsslous on .such moneys; how 73(1. 
dlvldefi. 

721. Penally for failure to pay over. 7»7. 
Ti'2. Personal representatives of deceased 

Sheriff ; when to pay over ; penalty. 7;1K. 

This and the preceding Section cu- 
mulative; efftH-tof. 

728. Must suuiinon Constables to attend 739. 

Court, Ac. 

724. To attend Circuit Courts ; duties in 710. 

connection therewith. 

72.5. To ser\-e all processes Issued by com- 
petent authority ; penalty on default. 741. 

72U. Liability for illegal arrest. 

727. Arrest ; privilege from ; exception. 

728. No process to be served on Sunday ; 742. 
exception ; females not liable to ar- 
rest in civil actions. 743. 

720. Escaped prisoners may be retaken on 744. 

Sunday and anywhere. 

730. Sheriff's duty as to arrest and bail in 74.5. 
civil actions. 

731. Not to take attorney at law or officer 74<i. 
of Court as ball. 

732. May break into any house in certain 747. 
cases. 748. 



Mast give notice of money collecte<l ; 
when, how and to whom ; iM'iialty. 
.Not liable to rule, 4c., afl4'r two years 
from enti of l4'rm. 

( )pen eoiitempt or breach of duty; pn>- 
ceetllnpi. 

Liability for failure to execute tlnal 
process or pay over money. 
To pay over money one day after de- 
mand ; |M?nalty for refusal ; proviso. 
Must fumLsh statement of reas'jiwfor 
failure to make execution when re- 
quired. 

Penalty for purchasioK Judfonent or 
execution. 

Penalty for permitting prisoners com- 
mitted by civil process to go at large ; 
proviso. 

When plalntllT liable for mainten- 
ance of debtor in jail ; when prisoner 
may be discharged. 
Negligent escape; measure of dam- 
ages for. 

Purchases at their ovra sales void. 
How to apply pnx-eeds of sale of real 
estate. 

May make title to property sold by 
predecessor. 

May make judicial sales ; exceptions ; 
fees on. 

Collection of money; how entere<l. 
Monthly statement to Auditor ;ind 
Tieasurer of flnes, Ac. 



Election of SectlOIl 703. 0^4-') There shall be an election for ^herlll 
Sheriff ; w h e n , . , . , , , , , ^ , . ,. , , , , , , , 

held. held 111 eacli County, except the Counties ot Berkeley and llamp- 

§i**;''i8f/,^\*L,' ^'^^^' ^t th^ general election in 1X'.)2. and on the same day in 

171; 1885', xix!i ©^ery fourth year thereafter. In the Counties excepted the elec- 

!*»• ' ' tion shall be in 1894. 

State V. Cockrell, 2 Rich., 6. 

Vacancy; how Sgc. 704. (^H-^-) In the event of a vacancy at any time in 
"T^. XVII., the office of Sheriff in any County, whether from death, resigna- 
1126,875. tion, disqualification or other cause, the Governor shall have full 

power to fill such vacancy by appointment, as provided in Sec- 
tion 212. 
Coroner to act Sec. 705. (^'-U-) The Coroner, during the continuance of 
a^^'J^ncy. "'^ such vacaiicy, and until the office is filled Ity appointment or 
,.^*^' ^i-' '^'election, shall assume the office, discharge its duties, incur its 
liabilities and be entitled to its fees and emoluments ; and shall, 
for such purpose, take charge of the books and papers of the 
office and occupy the apartment allowed to the Shevilf for trans- 
acting the business of his office. 



OF SOUTH CAROLINA. 239 

A. D. iKyJ. 
Sec. 706. {'>■'/■''•) I" ciise of vac.iiKv in the olhrv. of Slieriir. •"'"^ 

,*.,,,, ., 1/1 . " ,1 1 i.,i CltTk to art 

and until the Coroner lor such County may take eharj^o of the until <<:roniT 

same, or until a Sherill shall be appointed or elected and com- vwlincy uiied.' 

missioned for such County, the Clerk of the Court for such ^''•. "a. jm. 

County sliall take possession of the jail, and charj^e of the jjrison- 

ers confined therein, and also possession of the Siieriir's otlioe 

and the })apers therein. 

Sec. 707. (<>4'>-) If the .Sheriff shall be a party plaitiliff or ^ . . 
w\^\^. ivt.yr/ 1^1 Coroner to art 

defemlant in any judicial process, execution, warrant, summons W'™ s?iierur is 
" •* ^ a party. 

or notice to be served or executed within his County, the Cor- i;,., ts, 84i. 
onor shall serve the same and incur the liabilities of the Sheriff. 

Sec. 708. {'H'^-) When any person shall be declared duly shr-mr ta uie 
elected to the office of Sheriff, he shall be bound to file in the aifa'^Jht^e!*''''"' 
office of the State Treasurer his bond, duly executed, apjiroved iwj, xi.,a7.«7. 
and recorded as prescribed in Article 1 of Chapter XVllI., within 
thirty days from the time he receives notice that the election is 
declared. 

Sec. 709. {I'-'fS.) The bonds of the Sheriffs of the several , . , 

■^ * • ""• V ' / Amount of 
Counties shall be in the sum of ten thousand dollars : except in bon*'- 

1868 TIV Ifl" 

the County of Charleston, where it shall be in the sum of twenty- 1 8 3'.t,' xi.i'a?; 
five thousand dollars; and in the Counties of Spartanburg, iwrs] xvi., sis • 
Berkeley and Greenville, resj)ectively, where the bond shall be i:<83| xvii!! osi.' 
in the sum of fifteen thousand dollars ; and in the County of 
Horry, where it shall be in the sum of six thousand dollars. 

Sec. 710. {'jV-) The return of nulla bona on any execution sureties liable 
against the Sheriff shall not be necessary before legal resort may aJjrt"absohueiy^ 
be had against his sureties or any of them ; but there shall be ^^'^^t'"- 

. . . . . . 1830 XI 391 s4 

liability to contribution among the sureties in case of joint surety- 
ship. 

As to Sheriff's bond, generally.— Comjnisstowers v. Moore, 2 Brev., 51 ; 
Commissioners y. Mayrant, 2 Brev., 228; Blanding y. Rogers, 2 Brev., 3'.t4 ; 
Coutmissinners v. Muse, 3 Brev., 1.50 ; Dunlap v. Bynum, 4 Dess., (WO ; Clifton 
y. Haig, 4 Dess., ;i30 ; Hawkins v. Sumter, 4 De&s., 44tJ ; Kelly v. Payne, 1 McC, 
l.HS ; Commissioner v. Xeuby, 1 McC, 184 ; Treasurers v. Stevens, 2 McC, 107; 
Treasurer v. McGuire, Harp., 474 ; Futeh v. Walker, 1 Bail., 98 ; Treasurer y. 
Bates, 2 BaU., 302 ; Harris v. Ferguson, 2 BaU., 397; Treasurer v. Burch, 2 
Hill, 510 ; Treasurer v. Munday, 3 Hill, 107 ; State v. Yates, RUey, 250 ; State 
v. Irhy, 1 McM., 485 ; Williamson v. King, McM. Eq., 41 ; Treasurers v. Mc- 
Pherson, 2 McM., Oil ; Leslie v. Taggart, 2 McM., 71 ; Treasurers v. Oswald, 2 
McM., 145 ; Treasurer y. Buekner, 2 McM., 32;i ; State v. Wylie, 2 Strob., 113 ; 
Powell y. Mulligan, 2 Strob., 37'J ; Posey y. Painey, 4 Strob., 20; Allen v. 
Pamey, 4 Strob., 30 ; Blacky. Pamey, 4 Strob., 79 ; Bowie v. Pamey, 4 Strob., 
84; Norton v. Mulligan, 4 Strob., :J.55 ; Taylor v. Easterling, 1 Rich., 310; 
Williams v. Sims, 1 Rich. Eq., .53 ; MeKenna v. Seerest, 4 Strob. Eq., 100; 
State y. Young, Rich., 32." 5 ; Treasurer y. Hilliard, 8 Rich., 412; State y. 
Staggers, 12 Rich., 280 ; McElwee v. Jeffreys, 7 S. C, 2:« ; Lyles v. Bolles, 8 S. 



240 CIVIL STATUTE LAWS 

A . D. 1 ew. " ~" 

" Y ' C, 258 ; State v. Cason, 11 S. C, 39-2 ; State v. Boles, 18 S. C, 2S4 ; StaU v, Gil- 

reath, 16 S. C, '.iM ; Oliver v. H'/n'^*-, is S. C. 'J42 ; Stafe v. WiUiams, 19 8. C, 
65 : Goodijion v. Gilreath, 23 S. C, 3><«. 

To qualify bo- Sec. 711. ('>'-50.) Every Sheriff before entering upon the 
offlce;'howf'^^' till tics of his office shall, in addition to the oath of office pre- 
,o/,'''i..**r *M* scribed in Article II., Section 30, of the Constitution, take the 

lOiO, VI., s7, 8o; ' ' 

18B0, XVII.. 502. several oaths required of such officer by Sections 501, 502 and 
503, which oaths shall ))e endorsed on the commission, and shall 
be taken and subscribed before the Clerk of Court of the County ; 
and at the next term of the Circuit Court in the County he shall 
produce his commission, which shall be read in open Court and 
recorded in the Journal. 
No Sheriff or Sec. 712. {651.) No Sheriff, Deputy Sheriff or Sheriff's 
ciefk ^o"'prac- clerk, while in office, shall act as an attorney-at-law or solicitor 
as^cler'k o^f iu equity, in his own name or in the name of any other person, 
!^!n^T— rr-tTT or be allowed to plead or practice in any of the Courts in this 
State, nor shall he hold the office of Clerk of the Court of Com- 
mon Pleas and General Sessions. 
Deputies, how Sec. 713. {652, 653.) The Sheriff may appoint one or more 
conflm^;^ten^ ^iep'^ities, to be approved by the Judge of the Circuit Court or 
bond ;°respon^- ^^y Circuit Judge presiding therein; and such appointment 
fon^ °* Sheriff gjj^ll be evidenced by a certificate thereof, signed by the Sheriff, 
1870, XIV., :i3-2, and shall continue during his pleasure. He may take such bond 
4. ' ' " and security from his deputy as he shall deem necessary to secure 
the faithful discharge of the duties of the appointment ; but he 
shall in all cases be answerable for the neglect of duty or miscon- 
duct in office of such deputy. 
Deputy to take Scc. 714. (65]^.) Every such deputy shall, previous to enter- 
^t^es'of." *^^' ing on the duties of his appointment, take an oath or affirmation, 
/b., 8— . as prescribed by the Constitution of the State, faithfully to per- 
form all the duties of his appointment, and the oath with regard 
to dueling, and the oath to enforce the law against gaming ; and 
when so qualified he may perform any and all of the duties ap- 
pertaining to the office of his principal. 
Special depu- Sec. 715. {652.) The Sheriff, without seeking the approval 
wSn^^'apiwSt- of the Circuit Judge, may appoint special deputies, as the exi- 
Iponsibie^for '*' §®^^y o^ ^^^ business may require, for the service of process in 
lb. civil and criminal proceedings only; and for their conduct he 
shall be responsible. 

Ford V. Villers, 2 McC, 144 ; Jentry v. Hunt, 2 McC. 410 : May v. Walters, 
2McC., 470; Chiles v. Holloivay, 4 McC. VA : Singletary\. Carter, 1 Bail., 
467 ; Barksdale v. Posey, 2 Hill, M7 ; Ex Parte Hanks, Chev. Eq., 203 ; Klinck 
V. Black, 14 S. C, 241. 



OF SOUTH CAROLINA. 241 

__ — A. D. 18W. 

Sec 716 (6'.>J.) Tlie Sheriffs of the several Counties throuKh- "" '^ " 

\j\i\j> I *>»• \ / o offloea* where 

oui tliis State shall keep their several offices in the city, town, k«pt. 
vill:i<,'c or place where the respective court houses are established, "**"• *J- *•• » ^• 
and in the court house if there be one. 

aUdf V. H n/A-.r, 5 S. C, 20:J. 

Sec. 717. <*'>'>^>) The Sheriff of every County sliiill l<cc]t and BwkB to be 
])re.servc as public records in his office the following; .scj)arate men'tH as to; 
books, of good material and strongly bound, each containing not j^^LXi^. 
less than eight quires of medium jiajx-r, and labeled with its ap- xvi'ml ^*^' 
])ropriatc title, to wit : 

1. '* H>?7 Book,'' in whicli the Sheriff, immediately on the 
receipt of any writ of habeas: corpus, citation, summons, subpo-iui 
writ, sub])a'na ticket, rule, interrogatories, or notice to be served 
ui)on any person, injunction, warrant, attachment, or any other 
mesne process whatever, issuing from either of the Circuit or 
Probate Courts, shall make an entry thereof, with the date, and 
endorse on the original the time of such entry in his office. The 
AVrit Book shall be laid off into separate and suitable columns, 
in which he shall enter the names of the parties, the name of the 
attorney, the kind of process, or action, or offense, when entered, 
by whom, how and when served, or other return, and Sheriff's 
costs ; and he shall make a true index in the said book to all 
entries therein. 

Miller v. Hall, 1 Speer, 1. 

2. "Execution Booh," in \v\\\c\\ the Sheriff, immediately on 
receipt of Any fieri facias, capias ad satisfaciendum, attachment 
for not performing decree, writ of habere facias possessionem, 
restitution, military or other execution, or any other final pro- 
cess whatever, which, according to law, may be lodged with 
him, shall enter the same, and endorse on such final process 
the time of such entry in his office. The Execution Book shall 
be laid off into separate and suitable columns, in which he shall 
enter the kind of process, when lodged, and the time of the 
original entry, the names of the parties, the debt and interest, 
and (underneath in the same column) the attorney's, Clerk's, 
Sheriff's and other costs, attorney's name, the amount received, 
date of levy, or other return or disposition of the execution, and 
receipts of plaintiff, attorney, Clerk, Sheriff, witnesses or t)thers 
entitled to costs, or their agents or representatives ; and he shall 
make and keep correct and double indexes in the said book of 
the cases entered therein, so that the name of each and every 

16-1 



242 CIVIL STATUTE LAWS 

A. D. 1ft84. 

^"^ — V ' defendant in the execution may be entered in alphabetical 

order, 
Secrest v. Twitty, 1 McM., 225 ; Boulware v. Witherspoon, 7 Rich. Eq., 450. 

3. " Sale Book," in which the Sheriff shall enter all sales 
which he may make under any order, decree, execution or final 
process of any of the Courts of this State, or of any officer 
authorized by law to issue such process to the Sheriffs of this 
State, and he shall transcribe therein all levies which he shall 
have made, specifying the property and the date of each levy, 
and all advertisements of property levied on ; and the parts of 
the said book in which accounts of sales shall be kept shall be 
divided into separate and suitable columns, in which the Sheriff 
shall enter the names of the parties, a description of the prop- 
erty sold, when sold, to Avhom sold, amount of sale, and if bond 
be taken the names of the sureties thereto and statement of 
the time when due, and to what case or cases the proceeds of 
such sale have been applied, or to whom paid ; and the Sheriff 
shall make and keep correct and double indexes in the said book 
of the cases entered therein. He shall keep the mesne and final 
processes in his office in suitable boxes and in separate apart- 
ments. Final process shall be arranged alphabetically in the 
defendants' names in boxes labeled with appropriate letters. 
The miscellaneous papers shall be arranged under suitable titles 
and labels, such as ''Attachment Bonds/' ''Bail Bonds," 
" Bonds for the Delivery of Property," " Money Bonds," &c. 

state V. Commissioners, 2 Strob., 149 ; Daniel v. Harley, 3 Strob., 231 ; Tay- 
lor V. Easterling, 1 Rich., 310 ; Elfe v. Gadsden, 1 Strob., 225. 

Sec 718 {657.) It shall be the duty of every Sheriff, and 

To turn over "'^^« * * „ , ^ . / . , '', ' 

furniture, hooks if he be dead of his personal representatives, to turn over to 
successor; pen- his successor all the furniture appertaining to his office, the 
it;39, xi.Tlo; original Writ Book and Sale Book, and also the original Execu- 
i^^ojxi?.','?^' tio^ Book, or a correct certified copy thereof, and also all 
original bonds officially taken by him, all mesne processes not 
served, and all final processes partially or wholly unexecuted. 
Such successor shall be bound to execute a receipt, and a dupli- 
cate to be lodged in tlie Clerk's office, specifying the matters 
and things so received by him, and shall be responsible for 
them. And it shall the duty of such predecessor who has 
levied ujjon personal i)roperty and not sold it to deliver it to his 
successor at the time of turning over such books, bonds and 
processes, taking his receipt for the same, and his successor is 
authorized to sell such jiroperty. 

Osborne v. Huger, 1 Bay, 179 ; State v. Kennedy, 5 Strob.. IGO. 



OF SOr'I'Il CAROLINA. 243 

Sec. 719. (^•94.) Each Sheriff, on the expiration of his term ' -< ' 

of (illicc, must turji over to his successor all nujuey roriuiining in ciJu>T^^iu',i\i'\l 
Ins hands as .SlitTifr, witliin one nu)ntli troni the time his succes- within wimi 
sor shall have entered on the duties of his office, in the same J^ j„ ^^^ 
manner as lie is required to turn over to his successor the fur-*'- 
nituro, books, bonds, processes and other })apers ; and his suc- 
cessor siiall receive and be responsible for the money so turned 
over to him in the same manner as he is liable for other money 
received jyy liim as Slieriff. 

Sec. 720. {>>'■'■'>.) Tbe retiring HherilT shall be ciitiiled to cominiiwi .. n h 
retain only onc-bair of the commissions allowed by law on how"*iIv"di5?''''' 
moneys collected and turned over, and his successor the other ^^'■ 

half for paying ont the same. 

Sec. 721. [600.) If the retiring Sheriff, or his successor, Penalty for 

neglects or refuses obedience to the requisitions contained in the over. 

two preceding Sections, he and the sureties to his ofhcial bond '^^' 

shall be liable to pay to the party entitled to receive such money 
the amount due to such party, with interest thereon from the 
time such successor shall assume the duties of his office, at the 
rate of five per cent, per month, until the whole amount shall be 
paid, to be recovered by action. 

Sec. 722. (^'•'^T', 698.) Upon the death of any Sheriff, his per- personal rep- 
sonal representative or representatives shall likewise pay over to oV decVased 
the successor in office of such deceased Sheriff all moneys which parOTer-'^^n- 
such deceased Sheriff had in his hands officially at the time of -'J: ~oo ., - 

1 li.. Tea, S 2. 

his death, within twelve months after he, she or they shall 
have assumed the administration of such estate; and upon his, 
her or their neglect or failure so to do, the estate of such de- 
ceased Sheriff and the sureties upon his official bond shall be 
liable to pay to the party entitled to receive such money the 
amount due to such party, with interest at the rate of five per 
cent, jier month thereon after the expiration of such term of 
twelve months, to be recovered by action. 

This and the preceding Section shall be deemed cumulative, tuis and pre- 
and not to bar or affect any right of action, rule or other pro- cunuii active; 
ceedmg autiionzed by law. isso, xii.rTw, 

Sec. 723. {'!-'>S.) The Sheriff shall summon the requisite"^" 
number of ('onstal)les to attend the Court of Common Pleas and const'a h i .< s \o 
(ieneral Sessions, and provide a staff for each of them, and shall "v<!;*,"xi '^i^f;^ 
make a return of such summons to the Clerk of the Court. xoattondcir- 

Sec 724. {6'*fK) The Sheriff, or his lawful deinitv. shall ^,""V""'^''= *"'" 
attend all the Circuit Courts that may be held within his Countv, tum therewith. 

"^ • //... 4-1, Si). 



M4 CIVIL STATUTE LAWS 

A. D. 1K(M. 

~ ' and enforce such rules as tlie said Courts may establish ; and 

during the term time of the stiid Courts he or liis deputy Khali 
serve any rule of such Court, or writ of attachment for any con- 
tempt thereof, on any party or witness in any ])art of this State ; 
and the party moving for the same shall l)e liable to pay such 
Sheritf the cost in cash for such service, on the return of such 
rule or writ of attachment. 

To serve all Sec. 725. (OHO.) The Sheriff, or his regular deputy, on the 
by'^c^i^'fe"n*t delivery thereof to him, shall serve, execute and return every 
aity^on'defauft' process, rule, order or notice issued by any Court of record in 

lb., 41, §10. this State, or by other competent authority; and if he shall 
herein make default he shall be subject to rule and attachment 
as for a contempt, and shall also be liable to the party injured, 
in a civil action. 

Service of process. — Osborne v. Huger, 1 Bay, 179 ; Stewart d: Co. v. Childs, 
1 Bay, 362 ; Shoolbred v. Posel, 2 Brev.. 'JOl : GHmke v. Mayrcmt, 2 Brev., 202; 
May V. Walters, 2 McC, 470 ; Miller v. Hall, 1 Speer, 1 : Richardson v. Croft, 
1 Bail., 2W ; McWorter v. Reid, 1 Hill, 3GS ; Solomon v. Richardson, 1 ffill, 
396 ; Wood v. Crosby, 2 Hill, .520 ; Moore v. Byne, 1 Rich., 04 ; Wallace v. 
Prince, 3 Rich.. 177 ; Ervin v. Sentt, 1.5 Rich., 12. 

Execution of. — State v. Thackam, 1 Bay, 3.58 ; Greenwood v. Colcock, 2 Bay, 
67 ; Cholett v. Hart, 2 Bay, 1.56 ; Commissioner v. Hart, 1 Brev., 492 : Ross v. 
McCartari, 1 Brev., .507 ; Treasurer v. Forde, 1 N. & McC, 2:34 ; Walton v. 
Deignan, 2 N. & McC, 248 ; Graham v. Allen, 2 N. & McC, 492 ; Rochelle v. 
Campbell, 1 McC. Ch., .53 ; DeGraffenreid v. Mitchell, 3 McC, .500 ; Wilks v. 
Hasket, Harp., 490 ; Pen-y v. Williams, 1 Bail., 10 ; Stredman v. J^ei7;i, 1 Bail., 
476 ; Ex Parte Black, 2 Bail., 8 : Graham v. Dni-ant, 2 Hill, 517 ; Thomas v. 
Aitkin, Dud., 292 : Johnson v. Mclhcain, Rice, 368 : Cauble v. Hoke, 1 Speer, 
168 ; Broughton v. Broughton, 4 Rich., 491 : Bachman v. Sulzbacher, .5 S. C, 
58 ; State v. Moseley, 10 S. C, 1 ; State v. Gilreath, 16 S. C, 106 ; Bragg v. 
Thompson, 19 S. C, 577 ; Goodgion v. Gilreath, 32 S. C, 3S8 ; Rogers v. Marl- 
boro Co., .32 S. C, .556 ; Burnett v. Gentry, 32 S. C, .597. Return of.— Huger v. 
Sheriff, 1 Bay, 319 ; Wilder v. Grimke, 2 Brev., 261 ; Reiser v. Graves, 1 X. & 
McC, 125 ; City Council v. Price, 1 McC, 299 : Ford v. DeVillers, 2 McC, 144; 
Matheicson v. Moore, 2 McC, 315 ; Walton v. Parsons. 4 McC, 3(>8 ; Mills v. 
Kennedy, 1 Bail., 17 ; Saunders v. Bobo, 2 Bail., 492 ; Saunders v. Hughes, 2 
Bail., 505 ; Jeannerett v. Redford, Rich. Eq. Ca., 469 ; State v. Wtjlie, 2 McM., 
1 ; Treasurer v. Hilliard, 8 Rich., 412 : Farrer v. Barnes, 12 Rich., 224 ; Daw- 
son V. Deu-an, 12 Rich., 499 ; Bancroft v. Sinclair, 12 Rich., 617 ; Bank v. 
Kinard,2SS. C, 101. 

Liabiuty for Sec. 726. (^'^^.) H any Sheriff, or Deputy Sheriff, without 

illegal arrest^_ ^j^xit, Warrant or process shall summon any one, by arresting the 

§11; con.,"Art'. person or attaching the goods, to appear in any of the Courts 

vrii. §0.' ' in this State, not having at that time any process to justify the 

same, upon complaint thereof, on oath, such Sheriff or deputy 

shall be liable to be punished for a contempt, by either the Court 

of Common Pleas or General Sessions for his County; but noth- 



OF SOl'lMI CAUOLINA. 245 

A. D. lWt4. 



iiitr luTciii (MHitaiiuMl sli.-ill provont tlwi SlicrifT, or liis (h^pnty. from ""^ < ' 
arrcsliii^ any person Tor treason, felony or hreaeli of tin- peace 
(committed in liis presence, or from ari'estini,'' any person f(»r 
treason nr felony nj)on palpable and I'casoiuihle jironnds. 

Sec 727. ('>'>-'■) No person shall he arrested while aclnallv Arrwt. privi- 

,. ... ... . , " lege 1mm; e x- 

engaired in or attciiaing nulitary or mnitia duty, or going to or wpiion. 

returning from the same, nor wliile attending, going to or return- "^'' ^'" *'' 

ing from any Court as i)arty or witness, or hy order of the Court. 

except for treason, felony or hreach of the |)eace ; but in such 

cases process nuiy be served withont actual arrest of body or ^.-o prf)r«w to 

o.-^,,(|j;. bp s«-n<-(l on 

&'""''^" Sunilay; fxcep- 

Sec. 728. ('><'3.) No civil nor— except for treason, felony or [,;;',nj,,[;-^;;'i'^. 
breach of the ])eace — criminal j)rocess shall be served on Sunday, [j'^^ '" '■'^" "<^- 
Nor shall any female be arrested in any civil action. code PrcTaw. 

Sec 729 (W,//.) The Sheriff, Deputy Sheriff or Jailer mav k*»p*^' p^^- 

*j\j\^, • orf»^, \ f J ? 1 . ^ oners ni u y W 

retake on Sunday as on any other day, and at Court, muster, or V'"*^''",""^""" 
J -J J ' ' day and a n y- 

any other place, any prisoner who has escaped. where. 

Sec 730. (W.^.) The Sheriff, or his deputy, shall arrest all '*"'' ■'^'- ^■'^• 

^ ' . Sheriff's duty 

persons against whom i^rocess for that purpose shall issue from as to arrest and 
any competent authority, commanding such person to be taken oons. 
into custody, or requiring him or her to give bond with security ; pro.'ch. vii. 
and if tlic party so arrested, being entitled to bail, shall give it, 
or shall give the bond witii security required, such person shall 
be enlarged ; and if not, he or she shall be kept in custody until 
discliarged from confinement according to hiw. 

Arrest and bail. — Tcasdale v. Kennedy, 1 Bay, ::51(» ; Teasdale v. Hurt, 2 Bay, 
173 ; Atkinson v. Mmtin, 1 Brev., 481 ; Laval v. Gell, 2 Brev., 'Jfo ; Blatidintj 
V. lioffcrs, 2 Brev., :i'.)4 ; Fejwon v. Mooney, 1 Mill. 814 : Antonio v. Arthur, 1 
N. & McC. 2.51 ; Jones v. Blair, 4 McC, 281 ; State v. LeCerf, 1 Bail.. 410 : 
Saunders v. Hiujhes, 2 Bail., 505 ; Treasurer v. Barksdale, 1 Hill, 272 ; Poole 
V. Vernon, 2 Hill, Wi7 ; Brissae v. Moorer, Dud., 228 ; Chisivell v. Elley, Rice, 
2*.» ; Berry v. Hoke, 1 Rich., 94 ; Glover v. Goniillion, 2 Rich., 5.54 ; Diekinson 
V. Coward, '.i Rich., 49 ; Rosenbenj v. MeKain, 'A Rich., 145 ; Bennet v. Brou-n. 
1 Strub., oO;^ ; Meyei-s v. Centre, 2 Strob.. 4o!l ; Sinmnton v. Yonyue, o Strob., 
.5:58 ; Bennet v. Brown, 5 Rich., ;i47 ; Errin v. Scott, 15 Rich., 12 ; Ware v. .1/»7- 
ler, 9 S. C, 13. CuBtody.— Smith v. Hart, 2 Bay, 395 ; McLain v. Hayne, 3 
Brev., 291 ; Prather v. Clark, 3 Brev., 393; Yates v. Yeaden. 4 McC, 18; 
Boyee v. Barksdale, 4 McC, 141 ; Baker v. DeLiesseline, 4 McC, 372 ; Walton 
v. Oswald, 4 McC, 501 ; Harvey v. H^^gyins, 2 Bail., 2.52 ; Treasitrer v. Mr- 
Doivell, 1 Hill, 1H4 ; Aiken v. Moore, 1 Hill, 4^W ; Thoniason v. Kerr, 2 McM.. 
'.UO ; Burns v. Brian, 1 Speer, 131 ; Berry v. Hoke. 1 Rich.. 7(i ; Kelsey v. lios- 
burouyh, 2 Rich., 241 ; Hyams v. Michael, 3 Rich., 303 : Cook v. Irviny, 4 
Strob., 204; Menude v. Butler, 5 Rich., 440; .S7«^' v. Halford, f, Rich., .58; 
Jrriny v. h'oliertson, (> Rich., 228 ; State v. Sellers, 7 Rich., 3r>8 ; Conyrrs v. 
Jihaiiie, 11 Rich., l><) ; Farrar v. Barnes. 12 Rich.. 224. 

IG*— 1 



■UO CIVIL STATUTE LAWS 

A. D. IK'M. 

^^ '^ \ Sec. 731. i''^^^') No Sheriff .shall take anv attoniev at law 

Not to take w^^. •■>'.*. \ / . ., 

attorney at lavv (jj- otlicer uf Court as hail for anv person whomsoever in anv civil 
orofllceroi •* 

Court as ball, or criminal casc. 

i83i., XL. « eiM g ^22 (06!,.) It shall be lawful for the Sheriff or his 

May l)reak Into •»'vv'« •».»«*. y / 

any house In dt'putv to break and enter any house, (after request and refusal.) 
certain cases. ^* .•' '^ ^. ' 

1839. XL. 43, to arrest the person or to seize the goods of any one m such house. 
Procedure. K!». provided such Sheriff or his deputy have process requiring him 
to arrest such person or seize such goods. 

State y. Thackam, i Bay, ;i58 ; Rowe v. Cockrell. Bail. Eq.. lii«; : Brian v. 
Strait, Dud., IW. But one who officiously accompanied a deputy, and, with- 
out his command, forcibly entered and took property, is a trespa.s.ser, without 
justification.— J/c£//jennj/ v. Wylie, 3 Strob., 284. 

Must give Sec, 733, (670.) The Sheriff, on the receipt of anv money 

notice of money .. , . ,.^ • .• ^i " ^--i i 

couected; when, oil account 01 any plaintiff in execution, or other person entitled 

whom : penalty, thereto, must. within one month, give notice in writing of the 

185b, xiL, Ml. g^jjjg iq sxich plaintiff or his attorney, or other person entitled 

thereto, by personal service or hy mail ; on failure so to do he 

shall be liable to pay interest for the money in his hands at the 

rate of five per cent, per month till notice is given. 

Not uabie to Scc. 734. {^^71.) No Sheriff shall be liable to be served with 

two'years from anv rule to show cause, or attachment, at any time after two 

end of term. " » , , ... a i.- m 

^1839^ xi~H^ years from the expiration oi his office. 

§19; '1801,' v.: ' ^^^ ^35^ (^j2.) Any Sheriff shall be liable to be proceeded 
Open contempt against in any Court of record in this State for an open con- 
duty; proceed- tempt, or for a breach of official duty. For an open contempt 
i ^ XL, 44, §20 ^^ shall be liable to be attached forthwith ; and for a breach of 
official duty he may be required, by rule, to answer to the com- 
plaint of any suitor of the Court ; and upon failing to answer or 
to comply with the order of the Court, made on hearing of said 
rule, he .shall be liable to be attached as for a contempt and 
committed to close custod}^ until he shall have comjilied with 
the requisition of the Court. In all cases, interi'ogatories may 
be propounded to him, which he shall answer on oath, either 
orally or in writing, as the Court may order. 

Mongie v. Cheney, 1 Hill, 14.5 ; James v. Smith, 2 S. C, 183 ; Emory v. Davis, 
4 S. C, 2:3 ; Kirby v. Woods, .5 S. C, 1 ; Pnnce v. Sutherland, 12 S. C, 110 : 
Charles v. Charles, 13 S. C, 3»o ; Warren v. Simon, It; S. C, :«}4. 

Liabiit r Scc, 736. {678.) If any Sheriff shall fail to executs or rcturu 
failure to exe- final process in any civil suit, or to pay over monev, when de- 

cute flnal pro- ^ . . " 

cess or pay over n^anded. that has come into his hands as Sheriff, to the partv 
money. '■ 

Jb., 8 21. entitled thereto, and shall be unable, on the return of the rule 
that may be issued against him, to show sufficient cause, he shall 



OF SOI'!" 1 1 CAROLINA. 247 

A. D. 1«W. 

1)1' liable to be attached for ;i coutciiipt anii loiimiittetl to cus- ''" r-"^ 
tody until lie sliall (•(imply with the (ii'dcr of Coui-t. 

.S7(«^• V. Sheriff, 1 Mill, U'l ; Suiiimrrs v. CdhhvcU, \l N . & Mc('., :«! ; Kx 
I'lirlr Strp/trnn, I Mc('., S7 ; Lrv}/ v. Ruhrrls, 1 McC, 8'.).') ; C'hilin v. Ilnllowny, 
■i McC, 1(>4 ; Noomtn v. arni/, 1 Bail., 4:{7 ; Ex Partt- Thurnnnul, 1 Bail., «K).') ; 
McLean V. Duliosr, 1 Bail., <>4<1 ; Ihnchins v. rcaTson, 2 Bail., Ol'.t ; /y<i«/c v. 
Vontly, 1 Hill, -HKt ; Jnfntsim v. Sfnihrrt. 2 Hill, 5(W ; Thomits v. Aitkin, Dud., 
2t)2 ; /I'lVr v. MrClinlorh; Dud., :5.')4 ; Fitnian v. Clarke, 1 McM., :il(i ; Cuojjer 
V. Scott, 2 McM., ITiO ; Connor v. ,l/v7ifT, 1 Speer, 8!) ; Kirkpatrick v. T-'ojv/, 2 
Speer, 110; Canadu v. Oilnm, 2 Rich., 527; Brouii v. i-'wr^f', 2 Rich., . '>:{() ; 
Treasurer v. Clean/, :5 Rich., 872; Macldox v. TI7//ut»»i.son, 1 Stroll., 2:J ; 
Emory v. Daris, 4 Strob., 2.'5 ; Starnes v. Prince, fiRich., 810 ; //oo/c v. /^j/rr/, 
10 Rich., 120 ; Dawson v. Dcwan, 12 Rich., 4'.)!) ; Wallace v. Graham, V.i Rich., 
;J22 ; Kuhn v. Loi<;, 14 Rich., IS ; Caskey v. McAhdlen, :i S. C, l'.») ; Emory v. 
Dorj.s, 4 S. C, 23 ; Oifc.soji v. Gibnon, 7 S. C, :i5f; ; 5:^a<(^ v. Cnimith. 10 S. C, 
10(i ; 7?/-af/(7 v. Thompson, 1!) S. C, 577. 

Sec. 737. C'"'^-) If '^'^y SheritT, upon the demand of any t.. pay over 
plaintiiT, or of his attorney, shall willfully refuse to pay over any ^f't'"r'^''denmn(n 
sum of money collected for such ])laintiff, within twenty-four 1^^; Voviso!j 
hours, the Sheriff so in default, besides being liable to rule and g i'!^;^^/'^^' 
attachment, shall be liable also to pay to such plaintiff, or his •'^'^'^"3- 
legal representative, the said sum withheld, and interest thereon, 
for the time he may withhold such sum after demand, at the rate 
of five per cent, per month ; and if any regular Deputy Sheriff 
(in the absence of such Sheriff), having such fund, shall refuse, 
one day after demand, to pay over the same, the Sheriff shall, 
for such default, be liable to the same penalties as are herein 
provided ; but nothing herein contained shall apply to the deten- 
tion of money on account of bona fide conflicting claims. 

Commissioner v. Allen, 2 Mill, 88 ; Kilpatrick v. Vaiulirer, 2 Mill, 841; Kelly 

V. Payne, 1 McC, 188 ; Daniel v. Cajiers, 4 McC, 237 ; WilksY. Hasket, Han)., 

4i>0; Wriyhf v. Hamilton, 2 Bail., 51 ; Treas^trer v. Oswald, 2 Bail., 214; 

Graham v. Durant, 2 Hill, 517; Thomas v. Aitkin, Dud., 2'.>2 ; Thomas v. 

Yates, 1 McM., 17!) ; Williamson v. King, McM. Eq., 41 ; Taylor v. Eustcrliny, 

1 Rich., 310 ; Walker v. Kennerly, 3 Rich., M ; State v. Wiley, 2 Strob., 118 ; 

Posey V. Rainey, 4 Strob., 20. 

Mu.st furnish 

Sec. 738. (076.) The Sheriir, in case of i)artial or entire fail- rIC.ns f." Uu 

ure to make execution, must, when required by any person hav- ""'euu',,,"\vi,'i.u 

in": control of the execution, furnish a written statement, sub- '■•■•iinn-d. 

^ .... '!«». XI.. M, 

scribed bv him, of the reasons for such partial or entire failure. a">o: itur, xi.. 

4.S.S § 2. 

Sec. 739. (''77.) If anv Sherilf or hi.< deiiiitv shall contract ' ' 

^ ' ' ' * Penalty for 

for, buy or i)urchase any jud<nnent or decree of any Court which purchasing 
.,■,,.,. ". 1 , 1 • Juiljrnienl or ex- 

it may become his duty to enlorce, or any execution lodged m ••<uti<.n. 

his office, or cause the same to be done, directly or indirectly, j!;{!iV''is^/,'vi'..' 

the said Sheriff or his de})uty shall forfeit and pay. for every *'^'*'" 

such offense, treble the amount of such judgment, decree or ex- 



us CIVIL STATUTE LAWS 

A. D. *.80-l. 

""" — Y ecution, one-half of which said forfeiture shall be paid to the 

State and the other half to the informer ; and the same shall be 

recoveriil)le with full costs In- iietion or by indietnient in any 

Court of competent jurisdiction, and by any such ])urchase such 

judgment, decree or execution shall be ipso facto satisfied. 

poniiify for Sec. 740. {<>7S.) If any Slieriff or liis deputy sluill permit 

oners' t'ommit- iUiy prisoner connnittod to his custody on mesne or final process 

c^es^s to po'ut ii^ iniy civil action to go or be without the prison walls without 

lame; P'^^"'^";^ lawful authority, or surter such jjrisoner to go or be at large out 

?J?'^^o^'' .-",°^i^ of the rules of the prison, (except by some writ of haheaa corpus 

W. 3d., -i; 1( 12, 1 ' \ 1 J j^ 

II 554-5, §§1-8; or rule of Court, which rule shall not be granted but by motion 

17 8 8, v., 80, ' o J 

88 8, it. in open Court,) any such going and being out of the prison 

walls or prison rules, as the case may be, shall be adjudged and 
deemed an escape. If any Sheriff or his deputy shall, after one 
day's notice in writing given for that purpose, refuse to show any 
prisoner committed to his charge to the plaintiff at whose suit 
such prisoner was committed, or to his attorney, such refusal 
shall be adjudged to be an escape : Provided, That the Sheriff 
shall discharge a defendant in custody on mesne process in a 
civil case where the plaintiff is nonsuited. 

Baker v. DeLiesseUne, 4 McC, 372 ; Burns v. Brian, 1 Speer, 131 ; Cook v. 
Irving, 4 Strob., 204 ; State v. Halford, 6 Rich., 58 ; Conyers v. Rhame, 11 
Rich., GO. 

When plaintiff Ssc. 741. (^79.) Where any person shall be taken on mesne 
tenance o"deb- ^^' ^^^^ process in any civil suit, and from inability to pay the 
^ioner may^be demand, debt or damages, or find bail if committed to the jail, 
discharged, &c. .^^^f[ such person lias no lands, tenements, goods, chattels or 
choses in action whereby his maintenance in jail can be de- 
frayed, the plaintiff or person at whose instance such party shall 
be imprisoned shall pay and satisfy the same ; and if such per- 
son or his attorney shall refuse or neglect, after ten days' pre- 
vious notice, to pay or give security to pay the same when 
demanded, and the prisoner shall, before he is discharged, ren- 
der on oath a schedule of all his estate and assign the same, the 
Sheriff or jailer in whose custody he is may discharge him from 
confinement. 

McLain v. Hayne, 3 Brev., 201 ; Walton v. Osu-ald, 4 McC, .501 ; TTiomason 
V. Kerr, 2 McM., ;>40 ; Irving v. Bobertson, Rich., 22S. 

Negligent es- Sgc. 742. ('>S1.) The Sheriff shall be liable for the negligent 
of dVmagesTor! escape of any i)risoner on mesne or final })rocess to such damages 
Zih., 40, §§31, as the plaintiff may have sustained ; but the insolvency of the 

prisoner shall not mitigate the damages below the amount suflB- 

cieut to carry costs. 



OF so FT 1 1 f'AUoLIXA. 




Smith V. Hart, 2 Bay, 895 ; Yateav. Feadcn, 4 McC, 18; lu>iir,- v. HnrkH- 
ddlr, 4 McC, 141 ; Hnhrr v. Di'LirssrIinr, 4 McC, :i72 ; Ifarrri/ v. IIiKjfjinM, 2 
Bail., 2.')'J ; .4«7c<'>i v. Afooiv, 1 Hill, VVi ; Ifnil v. T(Kj<jnrl, Diid., :MW ; Krisry v. 
lionhorouyh, 2 Rich., 241 ; C'onyera v. L'lunnr, 1 1 liidi., <;o. 

Spfi 743 fW/.) If a SIrmmIT or his (k'i)utv shall lie conccriuMl iMr<hiw.-h nt 

kjcv.. I t:u». \ ' ' 1 ' tli.lr own »al«» 

or iiitcrt'sted, directly or .UKliroctly, in the purchase of any pro])- void. 

erty sold by either of them otliciallv, such purchase shall he null iir,!i^'''iK;>:i,"v'i!,' 

\ • 1 ■ •JI.J;' ITitl'viI., 

and void. aw, an. 

Sintilt'tnn/ v. Carlrr, 1 Bail, 4i>7 ; Lewis v. Brown, 4 Strob., 2'Xi ; Mnlhiny v. 
McDonald, 5 Strob., 77 ; Lfycc v. Doulv, 11 Rich., 1«». 

Sec. 744. {<^>S'').) The SlierilT sliall jiay over the proceeds of jk.w to ai.piy 
sale uf any real estate sold by him to any judgment having prior of'rearr-«tat«. 
lien thereon. i«:«.. xi., », 660 

Dan's V. Hunt, 2 Bail., 412 ; Taijlor v. Easterling, 1 Rich., 310 ; Furman v. 
Christie, :i Rich., 1 ; Lynch v. Hanahan, ',) Rich., 180 ; Wallace v. Graham, V.i 
Rich., 322 ; 5<ate v. Bolles, 13 S. C, 283 ; Triinmier v. iriHsmiY/i, 2:3 S. C, 4."}2 ; 
Gan-in v. Gai-vin, 34 S. C, 388. 

Sec. 745. {0S6.) In all cases where any Sheriff shall have May make 
hereloforc legally sold, or hereafter shall legally sell, any real or sold by prede- 
personal estate, and such Sheriff is now dead, resigned or other- jgool vi., :ml 
wise out of office, or shall hereafter die, resign or otherwise go l*'^^: i^^j^ ^\ 
out of office before he sludl have executed titles therefor to the ^•''*''*- 
purchaser, it shall be lawful for any subsequent Sheriff of the 
same County, upon the terms of sale being complied with or 
satisfactory evidence produced that they have been complied 
with, to make and execute good and sufficient title to the pur- 
chaser for the property so sold. 

Sec. 746. {'j!^i, 692.) All iudicial sales shall be made by the May make 

" .^* • ^"' ^ ' , ■' Z -^ Judicial salos; 

Sheriff, unless otherwise provided by law. In all such sales made exception; fees 
by him his fees shall be the same as allowed by law on sales TsrisxvTTSe; 
under executions issuing from the Court of Common Pleas, except g'^'f'is<n'"xx.! 
in the Counties of Lancaster, Georgetown, Charleston, Chester, ^'^^' 
Beaufort and Lexington Counties, where they shall be allowed 
the same commissions as are now allowed the Clerks of the Courts 
in similar cases. 

Chihls V. Alexander, 22 S. C, 169. 

Sec. 747. {6'JU.) Whenever a Sherill shall collect moneys in collection of 

cases that have been entered in the books of his predecessors, he {greu. ' ^ 

shall enter such cases in his own execution book, with an account g]^''- ^"•" '^'' 
of the money so collected. 

Sec 748. (7<)0,) All Sheriffs are required, on the first Wed- Monthly stai.>- 

, . ^ , . , . , 1 ,. , , 1 • ment to Auditor 

nesdav m every niontli. or within ten davs aiterwanl. to make in and Tn-asui^r 

• • ' 1 ' • T 1 rii PI 1/1 1- of II ni^, Ac. 

writing to the Auditor and Ireasurerof the several C ounties a -ijjTvi^^ xyr.TM^ 




CIVIL STATUTE LAWS 



full and accurate statement of all moneys collected by them on 
account of licenses, fines, penalties or forfeitures during the past 
mouth. 



ARTICLE 3. 
The Coroner. 



Sec. 

749. 
750. 
751. 
752. 
75.3. 
754. 
755. 

756. 



758. 
759. 



SEa 
Election of. 700. 

Term of office. 761. 

Vacancy, how dlled. 

Official bond. 762. 

Official oath. 7(iS. 

When to be commissioned. 
Coroner's deputies ; appointment and , 764. 
duties of. 

Not to act under appointment of 
Sheriff: penalty. 765. 

Office, where kept ; book of Inquisi- 
tions. I 766. 
Coroner to take Inquests. 
Trial Justice to act as Coroner, In 767. 
what cases. I 



Book of inquisitions. 
Inquisitions, ic, to be returned to 
Clerk ; when. 
Endorsement on return. 
Coroner to act as Sheriff, in what 
cases. 

When Sheriff's office vacant, to act as 
Sheriff generally; his book, and 
what to be entered therein. 
Not bound to act except specially in- 
structed, Ac. 

To make list of prisoners ; when, how 
made, and where lodged. 
To turn over papers, Ac, to succeed- 
ing Sheriff. 



CHARLESTON COUNT f— SPECIAL PROnSIONS. 



Sec. 



768. Salary of Coroner ; to appoint deputy ; 
salary of; special deputy. 

769. Duties of Coroner and deputy. 

770. TrialJustices of McClellanvllle and 
on James Island to hold inquests, Ac. 



Sec. 

771 . Salaries, how paid. 

772. County Commissioners to provide of- 
fice, books, Ac, for Coroner ; proviso. 

773l Sumter County— Special provisions. 



Election of. Section 749. {701. ) There shall be an election for County 



ii^b^^irt' Coroner in each County by the qualified voters thereof at each 

IV., 1 30. ' alternate general election, reckoning from the election in the 

year 1888, except in the Counties of Berkeley, Darlington and 

Hampton, where the reckoning shall be from the election in the 

year 1890. 

Term of office Sec. 750. {'i'02.) The term of office of the Coroner shall be 

con.,Art. ivT; four years, and until his successor shall be elected or appointed, 

8oO. 

and shall qualify. 

Sec. 751. ("-^'^O In the event of a vacancy in the office of 
Coroner, the Governor shall have full power to fill the same by 
appointment, as provided in Section *^12. 
Official bond. ScC. 752. (703.) Before receiving his commission he shall 
1868, XIV., 19, §1 enter into bond, to be executed by him and any number of sure- 
ties, not exceeding twelve nor less than two, to be approved, 
recorded and filed as prescribed in Article 1 of Chapter XVIII. 



Vacancy, how 
filled. 

1882, XVII., 
1128, §75. 



OF SOl'TII ('AI{(»IJ.\.\. -.^.-.l 

A. IJ. IWtJ. 

Ill tlic Coiintv of Cliarli'Sloii llic liniicl sli;ill lie in tin- |m'Ii;iI .sitiii ' n^ ^ 

nf ten thousand dollars, and in oacli of I ho nther Countii'S two 
thousand doUars. 
McUci' v. //(./.<', :.' SiM'(>r, i:w. 

Sec. 753. {^^'4-) Ht't'niH- he is <|U:ililifd to act In- must take tinirlui rwUio. 
ami siil)scrili(' the Uonstitutiona! oath of oHii-c and also the addi- 
tional oaths I'tMjuired of such ollicci' by Sections ."iOl, 'iO'i and r)()3. 

Sec 754 i''^-''-) \\ hen a ijcrson has l)oen elected, or desit;- wh<^n to be 
iiatcd loi- a|)|)ointn:cnt. to thcotlicc of ('oi-oiicr. and has taken cm.. An. in., 
and sul)seril)eil the oaths and ;^iven tiie Ixnid as required Ijy law, smV 
the (iovernor shall issue a commission to him accordingly. 

Sec. 755. l'"^''^', 707.) The Coroner of any County, except coroners' 
Charleston, may appoint one or more deputies, to be approved pointmpnt'and 
hy the Judge of the Circuit, or by any Circuit Judge presiding 1870, xiv., 
therein, who shall take and subscribe the oath prescribed by the*^"^'*'' 
Constitution, and also the oaths with respect to dueling and 
gaming, prior to entering upon the duties of said appointment ; 
said oaths may be administered by any officer authorized to 
administer oaths iu the County. Such appointment must be 
evidenced by a certificate thereof, signed by the Coroner, and 
shall continue during his pleasure, lie may take such bond 
and surety from his deputy as he may deem necessary to secure 
the faithful discharge of the duties of the appointment, but shall 
always be answerable for the neglect of duty or misconduct in 
office of such deputy. When duly qualified, as herein required, 
the deputy so appointed may do and perform any or all of the 
duties appertaining to the office of his principal. 

Sec. 756. (708.) No Coroner shall act as jailer, Deputy Not to act un- 
Sheriff, or under any appointment by a Sheriff ; and if he shall m^enuif sheriff^ 
accept or shall act under the ai)poinfment of the Sheriff of his ^^^^- — — 

1839, XL, (1, 

County, his office shall be vacated and the same shall l)e filled in 8 7. 
the manner })rovided l)y law in case of vacancy from any other 
cause. 

Sec. 757. {7<i'K) lie shall keep an office at the court house om.o, where 
in his County, which shall have proper fixtures, and in whicji lie i,u,Misiti'ms. ° 
shall keep his book of inquisitions, which book siiall be put)lie ^'••. 7«. 83s. 
property and shall Ijc turned over to his successor in office. 

Sec. 758. {7 11-) Every Coroner, within the County for which coronertotake 
he has been elected or appointed, is empowered to take in(|uest '"?^**'" »,, 
of casual or violent deaths, where the dead '»odv is Ivinu within ss; i87J, xv..' 

" ■ ■■ 639. 

his County. 

CoroHfi' V. CiDDiiiKjItain, 'I N. & McC, 454. 



XVII., 51. 



Book o f i D- 
quisidoDS. 



2o2 CIVIL STATUTE LAWS 

.\. n. lyyj. ' 

^^ ' Sec. 759. i'^J^'-) Any Trial .Justice of the County, exoept in 

Trial Justice the Cuuiitv uf Charleston, is authorized and required to exercise 
ner. In what all the powers and discharge all the duties of the Coroner in 

//>., 33, 889: holdinij: in<|uests over the l>ody of deceased persons, and taking 

all proper proceedings therein, in all cases when the Coroner of 

the County is sick or absent, or at a greater distance than fifteen 

miles fnnii the place for such inquiry, or when the (jffice is vacant. 

Sec. 760. {^^'^') Every Coroner shall keep a book, to be 

7b., 77, §31. called " The Coroner's Book of Inquisitions," into which he shall 

copy all inquests found witliin his County, together with the 

evidence taken before the jury, and all proceedings had before or 

after their finding. 

Inquisitions, ggn 7gl (71->.) The Original inquisition and evidence, as 
&c. tobere- 
turned to cierij; taken by liim, shall be returned by the Coroner, within ten days 

~ih,%^. next after the finding thereof, to the Clerk of the Court of Gen- 
eral Sessions for the County in which it was found. 

state V. Campbell, 1 Rich., 1'^. 

Endorsement gpc 762 i7~'>.) The Coroner, before he Tctums such iuqui- 

onretum. . ^^^' ' ""^V ^ , ,, t , • i • i^ 

"7b., 833. sition and evidence, shall endorse the same in this form : 

''South Carolina, \ 
County, f 

The State vs. The Dead Body of A. B. 

Inquisition taken this day of A. D by 

Coroner for said County, entered and recorded in 

Coroner's Book of Inquisitions, page , this day 

of A. D " 

coronertoact Scc. 763. (7'-?~.) If the Sheriff shall be a party, plaintiff or 
what^ca^! ^ ^ defendant, in any judicial process, execution, warrant, summons 

1839, XI., 78, Qp notice to be served or executed, w'ithin his County, the Coro- 
ner shall serve or execute such process, execution, warrant, sum- 
mons or notice ; in the discharge of which duties he shall incur 
such liabilities as would by law attach to their performance by 
the Sheriff himself. 

Miller v. Yeaden, 3 McC, 11 ; State v. Irby, 1 McM., 48.5 ; Cauble v. Hoke, 
1 Speer, 168 ; McBee v. Hoke, 2 Speer, 138. 

wben Sheriff's Scc. 764. {''' H-) The Coroner, during a vacancy in the office 
acf aTsheriff oi Sheriff, shall act as Sheriff, and while" discharging the office 
book,1nd*what ot Sheriff shall provide a suitable book, in which he shall enter 
tb^erein. *^°'*'^ such executions or other papers as he may be directed to enter by 

lb., 49, g^T 



OF SOUTH CAROLINA. 253 

A. D. 18'J4, 

competent jiiilln>iit y ; ;ijul iilso all new writs, j»r()ce88e8, execu- *'~ '' ' 
lions <)!• other pjipors proper to 1)6 entered by a Sheriff ; and also 
all his iiroceediii^s as Sheriff in manner and form as ShcriffK are 
required hy law to do; whicli l)ook, or a certified copy thereof, 
lie shall leave in the Sheriff's office as a record. 

nirharilsnn v. Croft, 1 Bail.. 2(V4 ; State v. Irtjy, 1 MrM., 4s^.. 

Sec. 765. {'^J''-) The Coroner shall not be bound to act upon Not ikjuiki to 
any ])aj)ers in the Sheriff's office, unless he is specially instructed ; hi>i-r-'uiVy"^in- 
nor shall he be bound to embrace, in his return to the Clerk's " ™^ ul " 
office, any execution found in the Sheriff^'s office which is not 
entered in his book, or upon which lie may not have taken a?iy 
})roccedin,<:s. 

Sec. 766. C^J^^-) As soon as the Coroner shall enter upon the to make iiat 
duties of Sheriff, he shall, in the presence of the Clerk of the wh'c[n!''*ho1^ 
Court, or jailer of the County, if there be one, make a list of the whwc kKiRed. ** 
prisoners in the jail, which must be si^^ned by himself and the ■"'•. s^-^. 
jailer, entered in the Coroner's book, and tlic original lodged in 
the Clerk's office. 

Sec. 767. {777.) Upon retiring from the Sheriff's office he to turn over 
shall turn over the pajiers of the office and the prisoners in jail stfc'^eeding 
to the succeeding Sheriff in manner and form as Sheriffs may be j]^ g^^ 
required to execute the same duty. 

Charleston County — Sjjecial Provisions. 

Sec. 768. {7^-2.) The Coroner of Charleston County shall be saiaryof cor- 
paid a salary at the rate of two thousand dollars per annum, depiu'^ " suhl^ 
He shall appoint one deputy, who shall reside at the County dlpinv!* ^ '^ ** ' 
seat, and shall perform all the services of the Coroner, and shall i,J^5\^y"4o°: 
receive a salary of six hundred dollars per annum. The Coroner l^"',^!^' ^^^ 

ss ~, 3, 4. 

may appoint a Special Deputy Coroner, with jurisdiction in any 

part of the County, whenever any special occiision may require 

such appointment ; but such Special Deputy shall have no right 

to make any charge against the County for his services. 

Tlio evidence of appointment of special deputy should be in writing. — Ihittz 
V. County of Charleston, 17 S. C, 585. 

Sec. 769. The Coroner and his deputy, subject to his orders Duti.^s of mnH 
and iiistructions, shall perform all the duties of Coroner within L^J-n"J^'''P"'>- 
said County, and shall summon and warn all jurors for inquests 
held by them or either of them ; and every person so summoned 
and warned and failing to appearand act as such juror shall for- 
feit and pay the sum of twenty dollars, if without reasonable 
excuse, to be recovered by action. 



254 CIVIL STATUTE LAWS 

A. D. 1894. 

' '■■ ' Sec. 770. The Trial Justice residing at or near MeClellan- 

at MtVu-Hun- ville, in said County, shall, in the absence of the Coroner, hold 
James isiaud' to sucli inquests as may be necessary, and do such (jther business as 
hold luquesUi, pgj.j..jjj^g ^q ^]^q Qf^cg of Coroner in cases arising within his 

^*- vicinity. And the Trial Justice residing on James Island, in 
said County, shall likewise, in the absence of the Coroner, hold 
inquests and do such other business, as aforesaid, in cases arising 
in that part of said County which was formerly a part of St. 
Andrew's Parish. In all such cases the said Trial Justices shall 
make full and prompt report thereon to the Coroner. They 
shall receive for such services, besides their salaries as Trial 
Justice, each, the sum of one hundred dollars. No other Trial 
Justice, virtute officii, can act as Coroner in said County. 

Salaries, how Scc. 771. All the salaries herein provided shall be paid out 
^^*^' of the funds of the County upon the order of the County Com- 
missioners, and shall be in lieu of all charges, costs and fees, ex- 
cept the costs, fees and compensation to which the Coroner may 
be entitled while acting as Sheriff. 

County Com- gec 772 The County Commissioners of said County shall 

missl o n e r s to »«'^^» • • «• j ^ ^ j 

provide office, provide for the Coroner an office in the citv of Charleston and 

books Ac for " 

Coroner; "p r o- necessary books and stationery, provided the same shall not ex- 
— '~i^, ceed the cost of twenty-five dollars per annum. 

Sumter County — Special Provisions. 

Investigate Sgc. 773. ^Vhen the Coroner or acting Coroner shall be in- 
b^ri^^ c^e'^r 1 1 fl- formed of, or shall see, the dead body of any person supposed to 
po.4^ TOoHem • liave come to a violent or untimely death, found lying within his 
suSmonVu^ry° County, it shall be his duty to investigate the circumstances at- 

??^- tending the death of such person, and if, upon such investiga- 

' tion, it shall appear that such person died from natural causes, 
then it shall be his duty to give a burial certificate in accordance 
with such facts ; but if it shall appear that there are circum- 
stances attending the death of such person which denote the 
commission of a crime, then such Coroner shall issue his warrant 
for a jury of inquest and shall proceed in the maimer now pro- 
vided by law. That in the investigation hereinbefore directed, 
the Coroner or acting Coroner may call to his aid a physician to 
make such post viortem examination, who shall receive the fee 
allowed by law. And such Coroner or acting Coroner shall re- 
ceive a fee of three dollars for such investigation. And such 
Coroner or acting Coroner shall have power to appoint a Constable 
to summon a jury of inquest, and such Constable, or whenever 



OF SOUTH CAROLINA. 



255 



t he Slicrill' shall siiiiiinoii ;i jiii'Vul' in. |iii'.-.t, shall receive f(jr liis 
services in suniinoiiiiig such jiiiv and witnesses the fee prescribed 
in Section 25G2. 



AT^'rr('r;K i. 



A. D. IH'J4. 



The Clerk of Circuit Cotrt. 



Sec. 
774, 
775, 



770. 
780. 

781. 

782. 

783. 
784. 

785. 

780. 

787. 



788. 
789. 



792. 
71)3. 

794. 



. Election of. 
Is CltTk of Courta of Ses-sloiip and 
Common Pleas; vacancies, how 
tilled. 

Olllclal bond, penalty of. 
OQlclal uatlis ; commissions to be read 
and entered In jonrnals. 
May appoint a deputy ; his oaths ; 
evidence of appointment, &c. 
Olllce days and horns ; duties, &c. 
Clerical regulations of office; cases 
for papers ; seal ; record books. 
To have charge of court house ; reg- 
ulations concerning ; penalty. 
How papers of ollice to be filed, ar- 
ranged and endorsed. 
Books to be used by Clerk. 
Size of books required to be kept by 
Clerk. 

To read minutes to Judge before ad- 
journment dally. 

Books and records not to be removed 
from office; parties and attorneys 
may Inspect, &c. 

May administer oaths, &c., sign or- 
ders of reference, grant ordere In 
partition and dower ; when. 
May act as attorneys ; exception. 
Not to act as Slieriil or Deputy Sher- 
iff; exception. 
To enforce jury laws. 
Jurors' and Constables' roll; how 
made, where entered, and to whom 
transmitted ; pay certlDcates, fonn 
of. 

To adjourn Court In the absence of 
the Judge. 

To Issue executions, hencli warrants, 
and all other processes; to sign all 
judgments officially. 
To wltne.-is and approve security for 
costs ; form of. 



Skc. 

79.5. May grant writs of dciUmim potcJi- 
iatcin ; for what purjioses. 

700. Must enter, or permit to be entered, 
satisfaction of judgments and mort- 
gages ; when. 

797. To act iis Judge of Proltate when the 
office is vacant. 

798. To act as SheillT when that office Is 
vacant. 

709. To enter renewals and satisfactions 
of execution ; where. 

800. To administer oaths to Trial Justices 
and transmit list of to Secretary of 
State ; when. 

801. Duties respecting oaths and bond of 
Constable, &c. 

803. Accounts against County ; how to be 
rendered. 

80:J. Certifies contingent accounts of cer- 
tain officials. 

804. Certificate to County Commissioners 
as to liens of record ; when to be 
given. 

805. To keep standard weights and meas- 
ures ; how procured. 

80U. To make annual return to County 
Commissioners as to fines and for- 
feitures ; penalty, &c. 

807. Responsible for office books, papers 
and furniture; to turn over to suc- 
cessor, ic. 

808. Fines, penalties, and taxes fi-om 
shows, to be paid to Treasui-er ; In- 
formed, &c, 

809. To report monthly to Auditor and 
Treasurer as to tines, Ac, collected. 

810. Penalty for not paying over funds. 

811. Penalty for not paying over lines, Ac. 
813. To report to Court at each session as 

to fluids in hand, vouchers, &c. 
813. Bill of costs to be attachetl to execu- 
tions. 



Section 774. Tliert' shall he an election for Clerk of the EiecUouof. 

Court of Common Pleas in each County by the qualified voters ' i«5<'. xvii.; 
., „ , 1 li. , 1 , /• 1 . ^ , "■•.•■«; con.. IV., 

thereot at each alternate general election, reckoning fruin the 2r. 

election in the year 1888, except in the Counties of Berkeley, 



256 CIVIL STATUTE LAWS 

A. D. 1801. """" 

" V ' Darlington unci Hampton, where the reckoning sluill he from 

the election in the year 1890. 

lieister v. Hemphill, 2 S. C, SiT) ; Wriijht v. Charles, 4 S. C, 178 ; McCoy v. 
Curtis, 14 S. C, 'Ml ; Williams v. Ostrndorff. MS. Dec., 1877 ; State v. .9im«, 
18 S. C.,4(i'-». 

Is Clerk of Scc. 775. i^oO.) The Clerk elected in each County shall be 

sionsancl^ Coin- Clerk of the Courts of General Sessions and Common Pleas. 

vlwmcLs^how Ii^ ^^^^ event of any vacancy in the office the Governor shall 

""*^; , have full power to fill the same by aj^pointnient, as provided in 

Hi's, §75; itw-J' Section 212. Until such vacancy be filled by appointment or 

election, the Judge of Probate of the County shall take charge 

of the office, discharge the duties and receive the fees thereof, 

and be subject to all its liabilities as provided by law. 

state V. Harmon, Cheves, 2G.5. 

Official bonds; Sec. 776. {727.) JSeforc receiving their commissions they 
penalty of. §\iii\\ enter into bond, to be approved and recorded and filed, as 

1SC8 XIV 19 ' 1 X ' 

§1. ' ' ' prescribed in Chapter XVIII., Article 1, in the penal .sums fol- 
lowing : The bond of the Clerk for Charleston County, twenty 
thousand dollars ; for Horry County, six thousand dollars ; and 
for each of the other Counties ten thousand dollars. 

Treasiwers v. Ross, 4 McC, 273 ; Treasurers v, Lanrj, 2 Bail., 4"30 ; State v. 
Moses, 18 S. C, 372 ; Chester v. Hemphill, 29 S. C, 584 ; State v. Lake, 30 S. C, 
43 : Strain v. Babb, 30 S. C, 342. 

Official oaths; Sgc. 777. (7--^-) The Clerk before entering on the duties of 

be'rSd^imi en- ^^^^ office shall, in addition to the oath of office prescribed by the 

n^ ' ° "^°^^' Constitution, take the several oaths required of such officer by 

"1810, VI., 27; Sections 501 and 502. Said oaths must be endorsed upon the 

i8sb, xviL, 502! commission, subscribed by the officer and attested by a Trial 

Justice or Notary Public of the County for which the said Clerk 

shall have been elected or appointed. At the opening of the 

first term of the Court which may be held thereafter the Clerk 

shall produce his commission, with tlie endorsements aforesaid, 

and after the same has been read in open Court shall make a 

fair entry thereof in the journals of the Court. 

May appoint a SeC. 778. (7'^^, 726, 727.) The Clerk may appoint a deputy, 

oath^r evidence to be approved by the Court of Common Pleas, a record of whose 

ot^appointment, appointment shall be made in the Clerk's office. Before enter- 

'codeProT§33; 'mar on the duties of his appointment such deputv must take the 

1870 XrV 332 L .J 

88 2, '3. " ' oath prescribed by the Constitution and the oath with respect to 
dueling ; and when so qualified the deputy may do and perform 
any and all of the duties appertaining to the office of his princi- 
pal. Such appointment shall be evidenced by a certificate 



OF SOUTH CAROLINA. 257 

A. D. IWM. 

liicrcof, sii^ncd hv tlu* Clci'k, iiiid .-lia!l cont inuc linriii^ liis ' ^ ' 
I)leiisun'. lie iniiy take su(!h hond and security from his deputy 
as lie shall deem necessary to secure the faithful discharge of the 
duties of the appointment, but shall in all causes be answerable 
for the neglect of duty or misconduct in ottice of his deputy. 

Stale V. Hnplcins, 15 S. C, inf! ; Kintj v. Hrlrhrr, :«) S. C, ;J81 ; Afilfrr v. 
George, ib., ^^27. 

Sec. 779. (7-<S'.) Every Clerk shall, except on puldic hoji- oniro flays and 
(lay, give cunstant attendance, either personally or by deputy, 4c. 
in his office, which shall be kept in a ruom provided Un- that ''*^"' ^^ '**' •* 
purpose in the court lu)usc. lie shall discharge all the duties 
required by law, or the rules of Court, from time to time, or that 
may be incident to the office. He shall make a full, fair and 
correct entry and recoi-d of the proceedings of the Courts and 
other matters pertaining to his otHce in the various books re- 
quired to be kept, conforming to the mode prescribed by law, 
order of the Court or usage of the office. He shall file in their 
proper order all original papers in causes instituted, or other 
authorized proceedings, and preserve with care all papers, books 
and furniture pertaining to or connected with his office. 

As to record of proceedings. — Williams v. Jones, 2 Hill, 5.5.5 ; Brown v. 
Coward, 'A Hill, 4 ; Jones v. Stiefer, 1 Speer, 15 ; Schoonmakcr v. Lloyd, !» 
Rich., 173. 

Sec. 780. (729.) The office of every Clerk shall be furnished clerical rem- 
witii suitable cases, with proper partitions, for filing papers, cases"ior papere- 
under appropriate labels, well secured from dust by means of shut- tKwks.'^^'^*"^*' 
ters filled with glass, to slide on rollers, with labels painted on ib.,ss. 
the outside, indicating the kind of records ; and on the case, 
inside, label the number roll (or if in Sessions the term) of the 
papers contained within each partition. The lower part of the 
cases shall be divided into convenient apartments for the books 
of the office, with doors secured with proper fastenings, with 
labels painted outside indicating the particular descriptions of 
records contained in each division, that is to sa}^ : ''Journals," 
"Dockets," "Records After Judgment/' "Miscellaneous Re- 
cords" and "Register's Department." Each office shall be 
furnished with a seal of office, with a proper device, a screw, 
and such blank books for tlie various records as may be needed 
from time to time, to be procured by the Clerk, and the expenses 
thereof defrayed by the County Board of Commissioners. 

IT*— I 



>58 CIVIL STATUTE LAWS 

A. D. 1804. 



Sec. 781. (<■'"•) Kvery Clerk shall have charge of the court 

ofiuurtSu.ujic: house within his County ; open tlie same when required for pub- 

cerniDK; pen- Iic use, and at all other times keep it closed ; and lor every ni«(ht 

Tsli XI 101 ?ti '"^y court house shall be kept open the Clerk shall be liable to a 

penalty of five dollars, for tiie use of the County, to be recovered 

by iiidictnient. 

How papers of Sgc. 782. {''■^^•) Tlie Original papers of record in each cause 

a^nKed**'an*!i wherein judgment may be signed or confessed, or decree may be 

®?^5?^'!,- entered, shall be filed, according to the number of enrollment in 

10., 97, 

the book of abstracts of Judgments or of decrees, pla<;ing all the 
papers in each cause together. 

Original papers in the Sessions shall be filed according to the 
term at which they were disposed of, alphabetically arranged for 
each term, according to defendants' names, all relating to the 
same cause together. Other papers required to be returned to 
or kept in the office shall be endorsed with the character, date 
of filing, and number on file, numbering each kind from one 
onward, and keeping all relating to the same matters together 
under the same number, and shall be filed according to date and 
number, in appropriate boxes, with suitable labels, put up in 
packages, dated according to the year in which they may be filed ; 
upon the envelope or card there shall be an endorsement of the 
description or kind of papers therein and reference to number 
under the following head : Bonds in Attachment, Bonds of 
Constables, Commissions, Inquests by Coroner, Reports, &c., 
De Liinatico Inquirendo, Xaturalization, Venire Facias, Estrays, 
Escheats, Affidavits, Attachments for Contempt and Rules, Ses- 
sions papers undisposed of, to be transferred after judgment 
where the same may be authorized. 

The following endorsement shall be made upon the record 
where the proceedings warrant it, viz. : On the Judgment Roll, 
the date when filed, number on docket, date and amount of 
judgment in figures, amount of taxed costs, judgment when 
signed, execution, date of issuing, and at the toj?, at some con- 
spicuous place, the number roll ; on Bills of Indictment, date 
and character of findings by Grand Jury, number on docket, 
arraignment, verdict or other disposition, and date, amount of 
taxed costs, execution, date of issuing and kind. On all papers 
returned by Trial Justices in the Sessions shall be endorsed their 
character and date of filing. On every execution, before leaving 
the Clerk's office, shall be endorsed near the top the numl)er 
roll, or, if in the Sessions, the term under which the case is 



OF SOUTH CAROLINA. '.':,;» 

■ A. D. 1«M. 

lilcd ; ami in all instaiKjes when an execution is retuiiicil for "" — /-^-^ 

renewal, the fact and date of such renewal «hall be endorsed on 

the execution so returned, and on the renewed execution shall 

he endorsed the date when first execution was lod;;e(l in ShcrilT's 

ollice. 

Sec. 783. ('"''-•) 'lie books to be used by the several ('lerks Books to b«> 
shall be well bound and of good materials, as follows : ,^^, ^j ^^^^ 

1 . •• CoruT 01" Common Plkas Joi'Iinal." — Which shall con- 
tain a full account of the proceedings of Court, from the ojjcning 
to the adjournment, excluding motions refused. A short state- 
nuMit of ea(^h case called and manner of disposition, and every 
order of reference, record of the names of the jurors composing 
each jury, and all changes therein, and designating the jury who 
may try ea(;h cause under the title thereof, together with an 
exact copy of their verdict ; and whether upon trial before jury 
or Judge or by default ; and all assessments, each in words at 
length aiul not in iigures ; awards confirmed; confessions of 
judgnu'nt during Court; orders for final judgment; copies of 
all orders passed or motions granted, and other matters specially 
ordered by the Court to be entered. 

2. ''Court of General Sessions Journal.'' — To be kept 
in a separate volume after like manner, as far as may be, and 
including the finding of the Grand Juries on bills given out, 
with their other presentments ; and sentences of the Court on 
parties convicted ; orders of estreat ; fines imposed, and other 
matters specially ordered for entry by the Court. 

o. '• Indexes to the Respective Journals of the Common igj^ ^n ro 
Pleas and General Sessions."' — To be alphabetically arranged 
at the end of each volume, which index shall always be brought 
up by the first day of each succeeding term. 

4. '• Rules." — In which shall be entered every case on filing 
the complaint, showing, in separate columns, names of parties, 
jilaintiff's attorney, defendant's attorney, date of filing com- 
plaint, answer, demurrer and reply, and date of order for judg- 
ment. 

5. " Calendars. '■ — For Civil Causes, Sessions and Contin- ,g^, jy,,, 
gent, to be kept in separate volumes for the use of the Court : g'Uc'"''*' '*'"' 
and a Bar Calendar in a single volume, to be nuide on and before 

the meeting of the Court ; and the Calendars to be kept up, as 
the pleadings are made up or cases occur during the term, for 
both the Court and the Bar. No cause shall be entered on the 
Calendar except by the Clerk or his deputy, nor by him until the 



iOO CIVIL STATUTE LAWS 

A. D. 189J. 



pleadings are made up. The Calendars for the Court shall be 
regularly preserved as a record of the Court, and shall show in 
separate columns the numher of cause, nuniher of term, names 
of parties, cause of action, plaintifl's attorney, defendant's 
attorney, (and in the Sessions prosecutor's name,) order of the last 
Court, and a sjiace left for entry by Jud<re of event of suit. 

The Sessions Calendar shall contain, separately arranged, cases 
of the previous term under the title " Traverses," and cases under 
the present term under the title "Calendar." 

The Contingent Calendar shall contain in the Sessions all the 
rules, bills found in which defendants have not been arrested and 
cases struck off, but in which noh jjvos. has not been entered, to 
be called on motion of the Solicitor. 

G. "Abstract of Judgments." — In which shall be entered 
each case wherein judgment may be signed, (including each case 
in dower, partition and escheat, after judgment or Una) order.) 
with separate columns, showing number of enrollment, names of 
parties, cause of action, attorney, date of judgment, amount of 
judgment, time of bearing interest, how judgment obtained, costs, 
(separating attorney. Clerk, Sheriff, witnesses and total,) kind 
of execution, date of issuing, Sheriff's return, when renewed, 
and satisfaction, together with an index by the names of defend- 
ants, and a cross index by the names of plaintiffs, each alpha- 
betically arranged, and kept in separate volumes, with the num- 
ber of enrollment of judgment. 

Oatendorff \ . County Commissioners, 14 S. C, 403. This entr>' of judgment 
is the judgment, and the judgment roll is not ; and a copy of such eutrj' is 
the transcript to be tiled in another County. — Harrison v. Manufacturing Co., 
10 S. C.,278. 

7. "Sessions IxDEX." — Bynames of defendants, alphabeti- 
cally arranged, together with the offense charged, disposition of 
the case, and the term when ended, and number on file. 

8. ''Pleadings and Judgments." — In which shall be en- 
tered, at length, the complaint, answer, and judgment in each 
cause wherein judgment may have been signed, and also the 
proceedings in dower, partition and escheat, when the final 
order and judgment of the Court shall have been had, with an 
index to names of plaintiffs. 

Hall V. Mo7'eman, 'i McC, 477 ; Ti^easurers v. Boss, 4 McC, 273 ; liroirn v. 
Coward, 3 Hill, 4. 

9. " Confessions of Judgment Before Clerk." — In which 
shall be entered such proceedings, kept with reference to the 
number of enrollment in Book of Abstracts, instead of page, 



OF SOUTH CAIJOI-I.NA. 




t(i<;t'Llici' with ;iii index In lliis paiM ifiiliir \(iliiin(\ in tlm namfts 
of (lefcndiiiils. 

Id. " Finks AND Foki'ICITIkk.s." — In wliidi shall he ontfrcd 
till' names of all persons fined hy the Court, or whose reeogni/,- 
jince niuy be estreated, with separate coluinns, showinji^ names, 
eause of fine, when lined, by whom lined, amount of fine, to 
whom due, when collected, by whom collected, why not collected, 
wlii'U paid over and to whom. 

II. "Trial Jisticks' axd Constahles' Holl." — In whicli 
shall be entered the name of each Trial Justice and Constable, 
on taking the oaths of office, representing in separate columns 
the names, date of (|uaIification, office, expiration of term, a 
m'liiiiiu' sii;iialuic, and in the case of a Constable the names of 
the sureties to his bond, witli an index of each name alphabeti- 
cally arranged. 

i;^, ''EsTK.VYS.'' — In wliicli l)()<)k sliall be entered, in separate 
columns, date of entry, kind of entry, description by appraisers 
and their names, name of the Trial Justice, appraiser's valuation, 
by whom taken up, when sold, and disposition of proceeds. 

13. ''Book of Orders Appoixtixg Eeceivers of Judg- 
ment Debtors." 

14. *' Miscellaneous Index." — In wliirh shall be entered, 
alphabetically, the names of all aliens who have taken any step 
towards naturalization ; all persons concerning ^vhorn })roceedings 
de lunatico inquirendo may be instituted ; the names of aliens 
naturalized ; certificates and pajjers concerning corporations, and 
all matters required bylaw to be recorded and not otherwise pro- 
vided for, referring to papers on file by number and label. 

Sec. 784. {733.) The preceding books, required to be fur- gi^^. of books 
nishcd and kept by the Clerk, shall be of the follo^ving sizes, ^^"by cie^k.*"'" 
respectively : issu, xi., 105, w 

1. Court of Common Pleas Journal, General Sessions Journal, 
Rules, Fines and Forfeitures, and Estrays, each of the size 
deiKiniiiuited "Demy"; the Journals containing not less than 
six (juires each, and the other books not less than three quires 
each. 

;2. Calendars, Sessions Index, Confessions of Judgment before 
Clerk, Trial Justices' and Constables' Roll, Book of Orders 
Appointing Receivers of Judgment Debtors, and Miscellaneous 
Index, each of the size denominated "Broad Cap," the first 
named containing not less than two (piires, and the renuiining 
books not less than four quires each. 



■262 CIVIL STATUTE LAWS 

A. D. 1«M. " 

^— '"^^ ' 3. Pleadings and Judgments, in a volume not less than the 

size denominated " Medium," containing not less than six quires. 

4. Abstract of Judirrnoiits, of the size dciioniiiiatcd "Siipcr- 
Koyal," containing not less than four (|uires, 

5. Indexes to preceding vohiincs, of the size denominated 
''• TiOiii: Demy," containing not loss than six (juires. 

To mid mill- SeC. 785. C^^-h) '^'^> prevent false and erroneous entries in 
before \?rtjoiira- the Joumals of the Courts of Common Pleas, it shall he the duty 
'Twrvu sTiT ^^ ^^^ Clerks of the said Courts, respectively, on each day, pre- 
91- vious to the adjournment of the Court, to read over to the Judge 

who may preside the minutes or entries which shall have been 

made during the day in the said Journal. 
Books anj Sec. 786. {735.) The Clerk shall not in any case permit 
ix'' re moved either the books or records to be removed from his ofhce, though 
parti™ aud'^iit- it shall be his duty at all times to permit either party to a suit, 
spect.^&e"'^^ ' or his agent or attorney, to inspect or copy, during the pendency 
1830, XL, 105, §9 y£ gjjjj.^ ^j-jy papers pertaining thereto, without charge, or to 

furnish on application certified copies thereof on payment of fees 

per copy sheet. 

Steinberger v. McSiveen, 14 S. C. , 35. 

May adminis- Scc. 787. {736.) Clerks may administer oaths, take deposi- 
sign "orders of tions and attidavits, and also renunciations of dower. The Clerk 
ordere^in' parti- of any Couuty in which the office of Master does not exist may, 
whenf^^""^'^' ^Jy consent of parties, sign orders of reference in vacation ; and 
•im'xix sM' ^^^^^ ^^^*^ have power, upon proper proceedings filed, to grant 
orders for the partition of real or personal estate, and for the 
admeasurement of dower, in cases where the right of partition or 
dower is not contested, or the same has been ascertained by a 
decree of the Court. All proceedings under such orders shall 
be filed at the next succeeding term of the Court for the adjudi- 
cation of the presiding Judge, until which adjudication all 
equities of the parties shall be reserved. 
May act as at- Sec. 788. {737.) They shall have the privilege of acting as 
tion.^^^' '^^^'^^' attorneys and solicitors in all the Courts in the State, except in 
Ys7],xiv.,5;ie. the Courts of their respective Counties, provided they shall have 
complied with the requirements of law regulating the admission 
of persons to practice as attorneys, solicitors and counsellors in 
Not to act as the Courts of this State. 
ty%heriJii^*'ex- Sec. 789. {738.) They shall not act as Sheriffs or Deputy 
^^Lw^xi^s" Sheriffs, except as provided by Section 798. 

*=^^- ' ' ' Sec. 790. (^J.'?.) It shall be the duty of the Clerk diligently 
jury laws!" "^^^ and ujiriglitly to put in execution the laws of force directing 
JbTios, §10. 



OF SOI'ni (AI.'OI.INA. 2G3 

A. D. IWM. 



llic (li-Mwiii;;, hnlliit iiiLT. riii|i;iii('!iiiLr iiml siitiiiiKiiiiiiL'' of juror.-, 

so far as liis co-operation iii;iy In- rci|iiii-cil. 

Spf 791 (7MK) ImiiUMlialclv afti-r tlu- ad iouiriiiicnt of aiiv JimirH' and 
kjcv^. I */*. \ f / ,1 • Con St a 1)1.- h' 

Court of Coiimioii IMt-as and (it-iu'ral Sessions, tlic CIcrK tlicrcof rnii; ih.w madf. 

. . wht-rc cnUTccJ, 

sliall make out a roll of the f^rand lurors and petit urors, Con- an<i to wiinm 

, . 1 1 11 1 111 t run mill ti<«l : 

stal)li's and States witnesses who shall have attended the same, imy «-rtiucat«t: 

exhiltitinf^ tlie name, time of service, and amount due each ii,.,m)o,h. 
juror, ('Onstable and State's witnesses, and the term at which 
the service was performed, and shall enter the same on the jour- 
nals of the Court of the term when such service was performed, 
and shall forthwith transmit to the County Commissioners r)f 
tlie County a certified copy of sncli roll. He shall furnish each 
juror and Constable with a certificate in the following form : 
** State of South Caholixa : 

I, A B, Clerk of the Court of Common Pleas and (leneral Ses- 
sions for County, in the said State, do certify that 

attended as a jwror, (or actually served as a 

Constable, as the case may be,) for said County days 

at Term, A. D , and is entitled to receive 

for tlie same dollars and cents ;"' which certificate 

shall be signed by the Clerk of the Court who shall issue tlie 
same, and be countersigned by the presiding Judge ; or, in any 
case where a Judge may not be present during the term, the 
certificate shall be countersigned by the Sheriff of the County ; 
and, in addition to what is above described, shall set forth such 
absence of the Judge ; and all certificates so issued and executed 
shall be valid. 

Sec. 792. ("-^-^.) Whenever it shall so happen that any Cir- to adjourn 
cuit Court cannot be held at the time appointed, in consequence sence of the 
of the absence or indisposition of the Judge, the Clerk of such ^j/j. loo, gia. 
Court, or his deputy, shall open and adjourn the same from day 
to day, until the Court shall meet, or until he may receive due 
notice that the Judge will not be present, when he shall adjourn 
tlie same until the first day of the succeeding term. 

Sec. 793. (7Jf2.) It shall be the duty of the Clerk to issue To usuo exe- 

" • • •' • 1 1 intlons. iH-nih 

every execution, bench warrant or other process, issuable, or warrants, and 
directed to be issued, by the Courts of Sessions, in the name of (•fsst-s; t<> sign 

the Attorncy-Cieneral, or Solicitor of the Circuit, and also to issue ..auiaiiy. ^ 

all rules and notices ordered in the Common Pleas, and to test, ib.,\(n,in. 
in his own name, under the seal of the Court, all writs and pro- 
cesses issued either in the Common IMeas or Sessions, and to sign 



264 CIVIL STATUTE LAWS 

A. D. ISStJ. ' 

^~ Y officially all judgments, and state the time wlien each is signed 

and entered. 

As to testing writs.— .)/i7/<-/- v. Hall, 1 Speer, 1 ; Smith v. Affanassxeffe,2 
Rich., -X'A ; Stuti- v. Thuyn; 4 Strob., 28«. 

To witness Sec. 794. ("-i'^) Whenever security for costs maybe ordered 
security for to be ^Hven, or may be tendered, by any plaintiff, in vacation or 

lb no §2i. ''^ term time, the Clerk shall witne&s the signature of the surety, 
and shall, in the first instance, judge of the sufficiency of tlie 
security ; the form of the undertaking to be according to law, 
or the rule of the Court on that subject if there be no law. 

Money deposited, compliance with order. — Fenet v. Wilson, 3 Hill. .^40. 
Note of plaintiffs attorney, not —Boynar v. R. R. Co. , ;^ S. C. , 450. Clerk 
must witness and approve security. — Fv7-inan v. Harman, 2 McC, 442 ; Boyd 
V. Graham, 2 Hill, no^ : C^imminrifi v. Wingo, 81 S. C, 427 ; McCarley v. Tur- 
ner, ;i;^ S. C, 101. J'orm of undertaking prescribed.— i^oj/d v. Graham, 2 Hill, 
558 : Rule of Practice Circuit Court, No. 10. 

Ma grant Scc. 795. {'^44-) The Clerk, as to lands within his County, 
wTits of atdi- and deeds to be recorded in his office or in the office of the Regis- 
tern; lor what ^er of Mesue Coiivevanccs of his Countv, is authorized to grant 

purposes. - _ ' '^ _ 

Tb., §33; 1878, writs of dcdiinus 2iotestatem, directed to two or more Commis- 

xvi., <o . sioners for taking renunciations of dower, or taking probate of 

the execution of all deeds under seal, where the persons to make 

such renunciations, or prove such deeds, reside without the 

limits of this State. 

Sec. 796. (^-^•>-) It shall be the duty of the Clerk, or of the 

Must enter, or ,^ '^.'^* V^' ^ ^ ., i • i 

permit to be en- Kegister 01 Mesne Conveyances, as the case may be, m whose 

tered satisfac- ./ ' ./ -- ^ 

tion bi^judg- office any judgment or mortgage may be of record, on the receipt 

mortgages; of the fccs, to permit any judgment creditor, or his or her attor- 

1839," X L. 109, ^6y, or any mortgagee, as the case may be, to enter satisfaction 

^ ^^- thereof ; or if any Judge shall order satisfaction to be entered 

thereof, to enter of record satisfaction accordingly. 

Waring v. Miller Batting Co., 36 S. C, 310. 

. . . Sec. 797. (7-4^.) In case of any vacancy in the office of 

To act as Judge »>'^^' * ^ * . \ t j j ,,,i, 

of Probate when Judge of Probate, the Clerk of the Countv shall take charge of 

theofflcels " 

v acant . said office, and all papers therein, and discharge the same duties, 

' ' ■ receive the same fees, and be subject to the same liabilities, as 
by law provided for a Judge of Probate, until a Judge of Pro- 
bate shall be appointed by the Governor or elected and commis- 
sioned for such County. 

Sec 798 (~i7.) In case of vacancy in the office of Sheriff, 

Sheriff when the Clerk of the Countv shall take possession of the jail of such 
that offlcels ; . ^ r. -, .^ • -, ^ 

vacant. _ County, and charge of the prisoners connned therein, and also 

xvni'!, 7«! ^ ^' possession of the Sheriff's office and the papers therein, until 



OF SOCni CAl.'oI.INA. 205 

A. D. IMtl. 

the Coroner for such County may laki' (•h:ii-;^'(' of (he saiiio, or 
until a ShcrifT sliall hi" appointed hy the (iovernor or elected and 
coniniissioned for such County. 

Sec 799 (^'i'^'-) Wheiu>ver any execution shall he returned t<> onUT ro- 
fiu- renewal, or as satisfied, hv anv Slienlr, the Clerk shall enter wiKiioim of cx- 

.,.'.". . ecutloiiH; vvhtire 

such renewal or satisfaction in the ap]iro]inate column of the //,.,iou, 119. 

ahstract hook, and in case of satisfaction shall enter the same on 

the original reiiud ; aiul it shall not he lawful for the Clerk to 

aftix the seal of the C'ourt to any renewed execution unless the 

one previously issued shall have been delivered to him, or unless 

authorized by a Judge's order. 

Clerit is not presumed to have violated the law in renewing execution from 
his omission to so enter renewal and in absence of proof of return of previous 
one to him ; he is rather presumed to have done hisduty. — Jyoitj/Za.s.s v. Uwens, 
.5 Rich., 5:«. 

Sec. 800. (^-P-) 'J^he Clerk shall udnnnistcr the oaths of to administer 
oflHce recjuired to be taken l)y Trial Justices appointed within his justices and 
Count}', on their application, within ninety days after such ap- to^sctretao- of 
poiutment ; and on the first day of November, annually, he shall '^'^'^ ' nl^sao 
transmit a list of the names of Trial Justices wlio have qualified 
during the i)receding year to the office of the Secretary of kState 
at Columl)ia. 

Sec. 801. (7oO.) The Clerk shall administer the oaths of Duties respect- 
otliee required by law to be taken by a Constable, on his entering iwnrt of consta- 

into bond, as prescribed, of the sufficiency of the surety to which ^^^j^'^Ysi 

the said Clerk shall judge, to be filed in the office of Clerk. The 
Constable shall furnish a genuine signature of his name in the 
book prescribed, whereupon the Clerk shall furnish an official 
certificate of such qualification. AVhen any Constable summoned 
in writing by the 8heriif to attend Court shall fail to ajjpear, 
according to the summons, such default shall be noted by the 
Clerk, and such other proceedings had as in cases of jurors in 
default, or as the Court may order. 

Sec. 802. (^''^-?j 7oJ.) In all cases the Clerk shall render his Accounts 
aceuuiiL against the County for fees in State cases under oath, to how"to be'ren- 
be taken and subscribed before the Judge, Trial Justice or other -^j,/ ,,3 ,35. 
officer authorized to administer an oath, in which the luiture of J o?',s7-I^ x'v^' 
the services shall be fully set forth, and if in the Sessions the '^!!g= '"^'^' •^^'"•• 
name of the party, offense and termination thereof. He shall 
not be entitled to receive any fees from the County in any case 
where the defendant is convicted, unless he make oath that the 
costs in such case have not been recovered out of the defend- 




CIVIL STATUTE LAWS 



imt and that he is uiialik' to pay fosts. And he must, in all 
cases, furtlier make oath that all lines and penalties thcri'tofure 
collected by him have been faithfully and fully jiaid over to the 
County Treasurer, 
certiues con- gec. 803. {^■''■'•) In all eases where any Sheriff, Coroner, 
loiinus of cer- Trial Justice or Constable shall be required to obtain the certiii- 

tain offlclnls. j. i /-.i i i • • 

183'j, XI., 113. cate of the Clerk to his contmo^ent account, specifying any mat- 
ter required by law to be certified, the Clerk shall furnish such 
certificate according to the facts, upon application and payment 
of fees. 
Certificate to Sec. 804. i'-^'h) The Clerk shall furnish, free of charge, to 
of commissioii- the County Board of Commissioners, when required, an official 
record; when Certificate of all liens, whether by judgment, mortgage or other- 
i83flfY i" 113. wise, that may be of record in his office on the property of any 
g37 ; 1803, XXL, jj^^jjyjj^jj] y.]^Q maybe offered as surety on the bond of any 
public officer. 

Waring v. Miller, 36 S. C, 310. 

To keep stand- Sgc. 805. {755.) The Clerk is required to keep in his office 
measures; how the weights and measures established b}' law, which shall be the 
^"iBW Vi 173- standards of all other w'eights and measures in the County, and 
§f^'i^"xxi'^' ^^y person shall have free access to test the same. The Gover- 
^- nor is authorized and required to purchase such standard weights 

and measures for each County not already provided with the 
same, to be paid for by such County out of the fines and for- 
feitures incurred therein, upon the order of the County Super- 
visor. 
To make an- Sgc. 806. {756.) It shall be the duty of the Clerks to return 
county Board to the Couuty Board of Commissioners, on or before the last day 

of Commission- e r\ i. ^ -^ j. i.i-iTA 

ers as to tines of October m every year, an account, upon oath, m duplicate. 

penai ty.^Ac!*^^ ' of all fiucs and forfeitures inflicted in their respective Courts 

i->r^-^'i8i(j' vi*' diiring the preceding year, and of the amounts had and received 

XXI ^4«i' ^^"■^' by them, and of the manner in which said fines were disposed 

of, under penalty of two hundred dollars, to be recovered against 

any Clerk for default herein by action. And it shall be the duty 

of the County Board of Commissioners to request the Solicitors 

to sue for and recover the said sum of every Clerk who may fail 

to render such account. 

Responsible Sec. 807. {757.) Every Clerk shall be held responsible for 

papere*^and"fur- the books, papers and furniture in his office ; and upon his retir- 

over^^to su(M:es^ i^ig from office, or upon his death, he or his representatives shall 

^ll»^/ ^,- i^r be bound to transfer the same to his successor immediately after 

Ib-rJ, XI., 114, 

841. such successor shall have entered upon the duties of the office. 



OF SOl'TII CAROLINA. 207 

A. D. 18fl4. 

Before surnMidci-iii^^ sudi hooks, })a|iiTs and fnniituro the """"^ '' '~ 
rt'tiriiiff Clerk or lii.s representatives hIiuII ho entitled to require 
a receipt from such sueeessor. Surh reeei|)t shall specify the 
nnniher, title and c()nditi<»n of every Ixiok, the niinihers of 
records HS aj)pi'ars hy the enrollmenl. and snch other classifica- 
tion as it may he convenient to adopt from the arran<remeTit of 
the office, all the paekaf^es of pajiers tlierein and the description 
and condition of each article of furniture. A duplicate of such 
receipt shall also l)e given, and shall, by the said retirinjT (Merk 
or his re])resentativcs, be tiled in the office of the County l>oard 
of Commissioners. 

Every retiring Clerk or his representatives shall he liable to an 
action for damages in the name of the County for any books, 
papers and furniture proved to have been in his possession, but 
not appearing by such receipt to have been transferred to his 
successor ; or which, having been so transferred, shall appear to 
have been injured through neglect while he was in office. 

Sec. 808. {7-'jS.) All lines and penalties imposed and collected Fines. jK-nai- 
bv the Court of General Sessions in criminal causes, and also all from shows: to 

' , , • , 1 • 1 1 . j> be paid to Trea- 

such moneys as may have come into his hands as taxes trom per- surer; inxorm- 
soiis representing publicly plays and shows within the limits of *',gl^'xiv.,o«:, 
his County, shall be forthwith turned over by the Clerk of said giil''*\'ai3;*xV.; 
Court to the County Treasurer for the use of the County ; but -^'^.^ ^^i;' iiii'; 
when by law any person is entitled as informer to any portion of xvii., t:w. 
the fine or penalty imposed and collected, the same shall be 
immediately paid to him, excejot in cases where by law it is other- 
wise provided. 

Sec. 809. {7o9.') Every Clerk of the Court shall, on the first to report 
AVednesday in each month, or within ten days thereafter, make Jhor ami "rrea- 
in writing to the Auditor and' Treasurer of his County a full and A^^'^on^to*"!^ 
accurate statement of all moneys collected on account of licenses, ^'^'^ ^^i" ^^• 
lines. jK'iialties and forfeitures during the past month. 

Sec 810 (7(iO.) If anv Clerk shall fail to pay over anv Penalty for 
.J ' \ . , / . . * 4.1 >.' 4. ■t.i-" not paying over 

moneys paid to him by order or permission of the Court within funds. 

five days after demand of the person entitled to receive the same, j.^*^'^"' ^^' "'' 

he shall forfeit and pay five per cent, per month until the same 

shall be paid over, to be recovered, togetlier with such amount 

received, by action on his official bond, besides being subject to 

rule and attachment as for contempt. 

Rule not proper to compel pivdecpssor to tura over money to Clerk.— Smith 
V. Liil:<\ ") M. C, 341. As to i)roper remedy. — Fowke v. Thompnon, o Rich. 
E(|.. 4'.tl. 



2G8 



CIVIL STATUTE LAWS 



A. D. 1894. 

^~~~^ Sec. 811. {>''>i-) '1 ii'iv ('It'i'k tiiil to pay over fines and Un- 

iK.i'imying over feitures received by him within five days after demand of the 

n,.; i 8 'J 3. person entitled to receive the same, he shall forfeit and pay five 

XXI., 481. pgj. ^.gut^ pel- nionth until the same shall be j)aid over, to be 

recovered, together with such amount received, by action on his 

official bond, besides bciiifj liable to rule and attachment as for 

contempt. If he shall fail to give to some member of the County 

Board of Commissioners the notice required by law to be given, 

he shall forfeit and pay double the amount so detained without 

notice. 

To report to Sgc. 812. {762.) At each stated session of the Court of Com- 

session as to moii Pleus the Clerk thereof shall present an account to said 

vouciRTs, &c.° ' Court of all moneys remaining therein, or subject to the order 

^ ^i^8U8, XIV., 17, thereof, stating particularly on account of what cause or causes 

said moneys are deposited, which account, and the vouchers 

thereof, shall be filed in Court. 

Sec. 813. {76S.) In every case in which a Clerk of the Court 
of Common Pleas shall issue an execution, he shall attach thereto 
i82r, VI., .38(5, §5 a bill of each item of costs therein charged, and shall, on appli- 
cation of defendant in execution, tax all costs which accrue to 
the Sheriff for services on such execution. 



Bill of cost to 
be attached to 
executions. 



ARTICLE 5. 

The Register of Mesxe Conveyances. 



Sec. 



Sec. 



814. Registers for Charleston and Green- 
ville Counties ; how elected ; term of 
oflBce. 

815. Clerk of Court to be, except in 
Charleston and Greenville Counties. 

810. Official bond and oaths of office, &c. 

817. Deputy Clerk may act as deputy, or 
Register may appoint, 

818. Perquisites for recording deeds, &c. 



Slii. Conveyances of land not to be re- 
corded without Auditor's endorse- 
ment. 

820. How instruments to be recorded; 
books of record and iude.\es, &c. 

821. To give certified copies of records 
and certlBcates as to encumbrances, 
&c.; liability for incorrectness of. 

822. Auditor to take charge of office In 
case of vacancy. 



Registers for Sectloil 814. {^^Jf.) The Register of Mesne Conveyances for 
Greenville Charleston County shall be elected by joint vote of both branches 
elected; term of the General Assembly, and hold office for four years, and until 
- jgj.,^ v., 074; another be elected, commissioned and enter ui3on the duties of 
18821 xViiTil-i- ^^^^ office. The Register of Mesne Conveyances for Greenville 
188:^, xviii., 453 County shall be elected by the qualified voters of said County at 
each general election, and shall hold office until his successor be 
elected, commissioned and enter upon the duties of his office. 

state V. McDaniel, 19 S. C, 119. 



OF SOUTH CAI.'OI.IXA. 209 

A. I). IhOI. 

Sec. 815. •'''•'•) 'IIh- ('Icrk of the ('(Mirt. (tf ('ohmikim Picas '""^^■^^^ 
hikI (iciicnil Sessions of each (Jonnty in tiie State shall he Hegis- u, \h; rxn-ilx m 

»,, ,, e L\ .Tii/i i- <'hurl<*U>ii anil 

tiT of Mesne C'onveyances for rlie same, oxfcpt for the ( ounties (; r«-.-ii v iiic 
of C/harloston una dreenville. i^^, ^, ,,. 

But the offices are distinct.— Winini/ v. Millrr lidlliiuj Co., :«> K. ('., :iU). ati;,' ? is; ' issx*'. 

x\'n.,*iKi. 
Sec. 816. (TW.) Tlie He.nister of Mesne Conveyances m the ^^^^_^^^ ^^^^ 

Counties of Charleston and of (jreenville, before enterin;,' (ni the »jj^'^| '^}^ "' 
duties of office, shall i?ive bond, with three good sureties, to be iww, xi., iia, 
a])])rovc(1 by the County Board of Commissioners of said (•oun-wn; iiswj,'xx!'. 
ties, respectively, and of the form re(|nircd ])y law, the Itci^ister 4si.' ' ■ - •' 
of Charleston County in ihc sum nl' live iIkihsjukI (bdlars, and 
the Re<^ister of Crcenville County in the sum of one thousand 
dollars, said bonds to be lodged in the oHiee of the State Trea- 
surer ; and shall take the oath of ofiice required by the Constitu- 
tion, and also the additional oath prescribed in Sections 501 and 
502, endorsed and sul)seribcd on his commission, and enter the 
same, with the endorsement, on the records of the ofiice ; the 
said office of the Register for Charleston County to be in the fire- 
proof building in the city of Charleston, and to be kept open 
from 9 o'clock A. M. to G o'clock P. M. every day, except Sun- 
days and public holidays. 

Sec. 817. (707.) The Deputy Clerk may act as Deputy Reg- Deputy ciprk 
ister of Mesne Conveyances ; and in those cases where the offices putV, or ii.ris- 
shall be distinct, the Register of Mesne Conveyances may ap- " i^^^xiTiio! 
point a deputy, in the same manner that Clerks of Courts are ^^"• 
authorized to do. 

Wariiuj V. Miller Batting Co., 30 S. C, 310. 

Sec. 818. {70S.) Before any deed or other instrument in Prerequisites 
writing can be recorded in this State, the execution thereof deeds', ic.^ 
shall be lirst proved by the affidavit of a subscribing witness to :iv.tT^ii!^\xx.l 
said instrument, taken before some officer within this State "'^'''• 
competent to administer an oath. If the affidavit be taken 
without the limits of this State, it may be before a Commissioner 
or Commissioners appointed by dcdiinus issued by the Clerk of 
the Court of Common Pleas of the County in w hich the instru- 
ment is to be recorded ; or before a Commissioner of Deeds of 
this State ; or before a Clerk of a Court of record, who shall 
make certificate thereof under his ollicial seal ; or before a Notary 
Public, who shall alTix thereto his official seal, and shall accom- 
pany the same with a certilicate as to his official character by a 
Clerk of a Court of record of the Count v in which the allidavit 



•.'70 CIVIL STATUTE LAWS 

A. I). Iti04. 

' -' ' is taken ; or liefore a Consul, or u \'ice-Consul, or Consular 
Agent of the United States oT America. Where theartidavit of a 
subscribing witness cannot be had by reason (jf the death, insan- 
ity or absence from the State of such witness, then the instru- 
ment may be recorded upon proof of such fact, and of the hand- 
writing of the parties who signed the instrument and of the sub- 
scribing witnesses, by proper affidavit— the proof in every case 
to be recorded with the instrument. 

Rej^stering is not to perfect deed, but to jjublish it.— Dawsmi v. Daivnon, 
Rice's Eq., 24."j. Probate of deed executed in the State, before Magistrate in 
Greorgia, not valid. — Woolfolk v. Graniterille Man. Co. ,22 S. C, ;W2. Probate 
need not be endorsed on deed nor appear in registry before Act 18:j!).— //j7/f/a.s 
V. Hartley, 1 Hill Ch., 100. Registry without probate no notice.— Wool ftjlk v. 
Graniteville Man. Co., 22 S. C, S57. But witness need not sign the affidavit.— 
Fuller V. Miasroom, oh S. C, 314. Mechanic's lien need not be probated. — 
Murphy v. Valk\ 30 S. C, 2(52. Chattel mortgage must have at least one wit- 
ness, and probate, to entitle it to record. — McGowun v. Heid, 27 S. C, 2tJ2. 

Conveyances Sgc. 819. Before any deed of conveyance of real property 

recorJfed*^ wuh- Can be placed on record in the ofhce of the Register of Mesne 

endorsmnent'^''* Conveyances, he must have the endorsement thereon of the 

,J?""i\.^^'^^-' Countv Auditor that the same has been entered of record in the 

ofhce of said Auditor. 

Howinstru- Sec. 820. {700.) The Register of Mesne Conveyances is 
oorlied'^b'oo'ks required to record in well bound books, of the size not less than 
indexes'. &c! " ^ those denominated '"' Medium," kept for the purpose, in the order 

1831), XL, 115, of times at which thev may be brought to his office, all marriage 

§ 45* lt>S2 XVII */ «/ o -' «-» 

1053, §§1,' 2, 3. 'settlements, and all conveyances and mortgages, renunciations 
of dower and other writings concerning the titles to land situate 
in his County which may be lodged with him to be recorded : 
Provided, That the execution of every such writing shall first 
be proved by affidavit of a subscribing witness or otherwise as 
hereinbefore provided. Every such writing shall be recorded 
within one month after its lodgment, and the recording shall 
bear even date with the lodgment. On every such writing shall 
be endorsed a certificate, to be signed by the Register or his 
deputy, specifying the time when, and book and page where, it 
was recorded ; in the book, the names of the parties and nature 
of the writing shall precede the registry, and after it shall follow 
the date of the registry and a memorandum of the person to 
whom the original writing has been delivered. To the books of 
the registry, reference shall be had by means of two indexes, 
each of which shall be in a separate book of the size denominated 
" Long Cap," both containing the year of registry, names of 
parties, book and page ; the alphabetical arrangement of one 



OF SOC'I'II (AlfOlJNA. 271 

A. I). IMM. 

hciiij,' :i('i'iir(liii<,^ to tin- iiiiiucs of the pai-tics who oxccuted the **""^''' ' 
writin<(s, juul of the otliiT jicconling to the luuncs of the parties 
to whom they were executed ; each index embraciiijL? a luitnber 
of the volumes of registry, not less than ten. 

W'arinn v. .ViV/.;- UnUimj Co., 'M S. C, 310. 

DilTerent sets of hooks, with separate indexes respectively for 
tlie same, shall he provided hy the Register of Mesne Convey- 
ances, for the recording of chattel mortgages and mortgages on 
real estate, in one of which sets all chattel mortgages, in the 
other all mortgages on real estate, shall be recorded. 

It shall be a sutticient record of any chattel mortgage, where 
the amount secured is not more than one hundred dollars, to 
enter upon an index book, to be kept for that purpose by the 
Register of Mesne Conveyances, the names of mortgagor and 
mortgagee, the amount and character of the debt secured, a 
brief description of chattels pledged, the date of said mortgage 
and of the maturity of said debt, and the date of presentation of 
such mortgage for record ; and the fee to be charged by the 
Register shall be the same as now provided by law for the index- 
ing of liens on crops for advances for agricultural purposes. 

Sec. 821. {770.) The Register of Mesne Conveyances, or his to give certi- 
deputy, shall be required, on application, to give a certified copy recordsTiid'cer- 
of any writing recorded in his office, the fees for the same being {ncifnlitran'ces" 
first paid in advance if required or tendered, as the case may be ; |ni:irl!«tn^'of 
or a certificate that no deed, conveyance or mortgage, or other ~i«is». xi., no. 
transfer of any particular parcel of lauds or tenements, by any i:«,'s_5; r8 4 3', 
particular person, is registered in his office ; and if the Register 
or his deputy shall furnish an incorrect transcript of any deed 
recorded, or an incorrect certificate, he shall forfeit and pay to 
the party the damages that may accrue in consequence thereof. 

Sec 822. Ill case of any vacancy in the office of the Register Auditor totakf 

• . . , . cliartrt' of ofllre 

of Mesne Conveyances, the Auditor of the County in which such iui:isi-of vacan- 
vacancy shall occur shall take charge of said office and all papers aV.' 
therein, and discharge the same duties, receive the same fees or '^"'^■'' -^-^i" •**^- 
salaries, and be subject to the same liability as is by law provided 
for a Register of Mesne Conveyances until a Register of Mesne 
Conveyances shall be appointed by the Governor, or elected and 
commissioned for such Countv. 




CIVIL STATUTE LAWS 



ARTICLE 6. 

The Judge of I'kuhate. 

Sec. I Sec. 

ftSl. Election and torm of office. I 880. Books to be kept. 

8..M. Viuanties In ; how fllli'd. ■ 831. Manner of Ollnj? papers; index to 

83."). Clerk of Court to act until vacancy I papers to be kept. 

flUed. 1 832. I'lerk to tile account of moneys re- 

820. When office of Clerk vacant, Judge of i niainlug In Court. 

Probate to act until vacancy filled. 883. May adnilni.ster oaths, Ac. 

837. Bond and oath.s of office. ! 884. Responsible for property of office ; to 

828. To make search, furnish copies, Ac; transfer to successor and take re- 
fees allowed. , celpt. 

829. To keep seal of office ; description of. 

Elections and Sectioil 823. (.771.) The Judges of the Prohate Court shall 



term of office 
~Con.. ArtTiv 



be elected by the qualified electors of the respective Counties for 
l*^ = IS^''* j'?/' the term of four years. The election for said office shall be held 

3bl ; IbTi, XIV,, »' 

3:«- at eacli alternate general election, reckoning from the year 1890. 

Vacancies, Sec. 824. {77^.\) All vacancies in the office of Judge of Pro- 

howuiied. ^^^^ gj^j^ii i^g gjjg(j jj^ ^jjg manner prescribed by Article IV., Sec- 

Con., Art. IV., , ,-, 

§11; i882,xvn., tion 11, of the Constitution of the State. 

If unexpired term exceed one year, Governor cannot fill vacancj'. — Whit- 
mire V. Langston, 11 S. C, 381. 

Clerk of Court Sec. 825. (746.) In case of such vacancy the Clerk of the 
^nc?nned.J^ Circuit Court of the County shall take charge of the said office 
1884, XVIII., g^jr^^ all papers therein, and discharge the same duties, receive the 
same fees, and be subject to the same liabilities as by law pro- 
vided for a Judge of Probate, until such vacancy shall be filled 
by appointment of the Governor, or by an election, as the case 
may be. 
When office of Sec. 826. lu case of any vacancy in the office of Clerk of the 
judgeVp^r^o: Court of General Sessions and Common Pleas, the Judge of 
va^ncy^'ttiied."^ Probate of the County shall take charge of said office and all the 
lb' papers therein, and discharge the same duties, receive the same 
fees, and be subject to the same liabilities, as by law provided 
for such Clerk, until such vacancy be filled by appointment of 
the Governor or by election. 
Bond and oaths Sec. 827. {77J.) Judges of Probate, before receiving their 
'^^im^'iy 19 comnii-^siou.-;, shall take the Constitutional oath of office and the 
8i;i8so, xvn.! several additional oaths required of such officers bv Sections 501 

.502 • 1875 XVI . 

iG;' i8.v(i/xix" and 502, and shall enter into bond conditioned for the faithful 
1127; 1890, xx:; discharge of the duties of the office, which shall be duly executed, 
approved, certified, recorded and filed as prescribed in Chapter 
XVIII. , Article 1. The bonds of the Judges of Probate for 
Charleston, Spartanburg and York Counties, respectively, shall 



720. 



OP SOUTH CAROLINA. 




1)0 in tho siun of U'li thoiisiiiul dollars ; for Williaiiishur^ (jourity, 
in tJH' .SHIM 1)1" two thousand dollars: for ILorry County, two 
tlir)us:uid fivo liundmd dollars ; and for all the othor Counties, 
rospDctivoIy, live thousand dollars. 'I'licy shall cjualify within 
thirty days aftor tho oloction is declared. 

Sec. 828. (^"^•) Tho Jud<]fo of I'robato, when applied to, To make 
must soarrh lor and oxanune any hook, record or paper i)elon'j;ing ,■(^t^lt^,l^u■.;t>H» 
to his oflico, and fiii-nish cortiliod copies thereof, or of the whole i^j","xi esTw 
or any part of any proceeding touching any estate in his oflicial 
care or custody ; for such services he shall be allowed at the rate 
of nine cents for each copy sheet of ninety words the same may 
contain and fifty cents for every certificate. 

Sec. 829. (775.) He shall keep in his office a die, in a circu- To keep seal 
lar form, upon the centre of which shall be engraved in capital scription'of. ^ 
letters the word " 8e.il," and on the circumference the words ">•. 09, fias. 
''Judge of Probate's office of County," which shall be 

regarded as the seal of his office, and which he shall impress 
upon all papers issued from his office, and affix his name to such 
papers. 

Sec. 830. {770.') He shall keep the following books (to be Books to be 
furnished by the County Commissioners), each to be designated "7h.783r;Tf«3, 
by its label as follows, that is to say : c Jd e p'roced- 

1. " Wills," in which he shall enter a copy of all wills admitted u"^' ^i^- 
to probate, together w^ith the probate and certificate thereof. 

'l. '' Inventories, Appraisements and Sales," in which he 
shall enter all such matters as are designated by the title. 

3. '* Returns," in which he shall enter all the accounts of 
the receipts and expenditures by executors, administrators and 
guardians, including the final settlement. 

4. ''Rkal Estates," in which he shall enter all proceedings 
and orders in relation to the sale of real estate, from the petition 
or complaint to the bond of the purchaser, both inclusive. 

"). " Letters," in which he shall enter all letters granted, 
whether testamentary, of administration, or of guardianship. 

0. ''Bonds," in which he shall enter bonds of administrators 
and guardians. 

7. '-Cash Book," in which he shall open and keep a regular 
account with every individual or estate on whose account he has 
received any moneys, bonds, notes, stocks, choses in action, or 
other pro})erty of any description whatsoever, by virtue of his 
office, exhibiting fully everything so received by him, as well as 
18—1 



•274 CIVIL STATUTE LAWS 

A. D. 1801. 

^""^v ' all costs and charges against such estate and disbursements in 

favor of the parties interested therein, or other disbursements 
in favor of the parties interested therein, <>v other disposition 
thereof, which book shall remain in his oftiee as a public record, 
and be subject to public inspection. 

8. "Journal," in which he shall enter every judgment, sen- 
tence, decree, determination, denial, and every other act done 
or order made by him, in his official capacity, so as to constitute 
a complete journal of the current proceedings of his office. 

Each of said books shall be furnished with a full and complete 
alphabetical index, in the surnames of the parties, to the several 
matters therein contained. 

9. "Index to Lands Devised," in which he shall, immedi- 
ately after wills shall have been duly proved, enter the names of 
the devisors and devisees and a short description of lands devised 
under wills filed in his office, together with convenient references 
to said wills. 

Whenever a will omits to set forth a description of the lands 
thereby devised, the person offering such will for probate shall be 
required to furnish to the Judge of Probate a sufficient descrip- 
tion of said lauds, to be entered by him in said book. The 
Judge of Probate, in addition to his charges for probate of wills 
allowed by law, shall be entitled to charge one dollar for each 
index of devises of real estate made by him, to be jjaid by the 
executor or party probating the will. 

10. " Index of Money Deceees," in which every enrolled 
order or decree for the payment of money shall be entered, with 
the names of every party or estate bound thereby, alphabetically 
arranged, together with the names of the parties plaintiff, and 
(besides the title of the package in Avliich the order or decree is 
contained and the number in the package) shall exhibit the 
amount ordered to be paid, the costs (if any), date of enrollment, 
date of execution, and date of satisfaction where satisfaction 
has been entered. 

Manner of SeC. 831. ^777.) The manner of filing papers in the Judge 
,S Tpa^p^r^ of Probate's office shall be as follows, to wit : 
^"J^l fP^" .„„ The case shall be divided into convenient apartments, which 

18o», XI.,b9, SOD ^ 

shall be numbered from one forward. The papers relating to 
the same estate shall be wrapped in an envelope as a package, 
and shall bear a number, and be endorsed in the name of the 
estate. A convenient number of packages shall be embraced in 
a strong envelope, and constitute a bundle, bearing the number 



OF SOl'TTI ('A1{0I.INA. 275 

A. D. 1891. 

of the apartment of the ease containing it. A complete alphabet- """"v — ^ 
icul index sluill bo constioicted, with reference to the surname, of 
deceiusc*] persons to wliose cstatt' the })aj)('rs relate, and of execu- 
tors and adniinistratoi*s ; and opposite each name in such index 
shall 1)0 two coluuius. the one expressing the nuniher of the 
apartment where tlie bundle is to be found, and tlie otiier ex- 
])ressin_i,f the nundjer of the ])aekajL(e in sueh bundle whieh con- 
tains the papers relating t(; the estate named in the index. 

Sec. 832. (77<V. ) At each stated session of the Probate Court, cuTk tonipor- 
the (leik thereof shall })resent an account to said Court of all n.|"imi'iii"ng*^iD 
moneys remaining therein, or subject to the order thereof, stating 'li^'i^'xvii i? 
particularly on account of what cause or causes said moneys are *^'^- 
deposited, wliich account, and the vouciiers thereof, shall be 
tiled in Court. 

Sec. 833. 'J^he Judge of Probate, while in office, is author- siav afiminis- 
ized to administer oaths and take depositions, affidavits, and j^y^ ^yj^ ^~jq 
probate of deeds and other instruments, as fulW and effectually 
as is done by Clerks of Courts and Notaries Public, and his fees 
therefor shall be the same allowed by law to other officers for 
similar services. 

Sec. 834. (770.) Every Judge of Probate shall be rosponsi- Responstbie for 
ble for the books and papers, and also for the furniture in his SceT to trans- 
office ; and upon his retiring from office, or upon his death, he andtakere^t 
or his representatives shall be bound to transfer the same to his is-^*. ^- "o. 637 
successor immediately after such successor shall have entered 
upon the duties of the office. 

Before surrendering such books, papers, and furniture, the 
retiring Judge of Probate, or his representatives, shall be en- 
titled to require a receipt therefor from such successor. Such 
receipt shall specify the number and title of every book, and the 
number and description of every article of furniture, together 
with the order and condition of the books, papers and furniture ; 
a duplicate of which receipt shall also be given, and shall, by 
the retiring Judge of Prol)ate, or his representatives, be filed in 
the office of the Clerk of the Court of the County. And every 
Judge of Probate retiring from office, or his representatives, 
shall be liable to an action, in the name of his successor, for dam- 
ages for any books, papers or furniture proved to have been in 
his possession, but not appearing by such receipt to have been 
transferred to liis successor ; which damages, when recovered, 
shall be appropriated to the replacing of such books, paj)ers or 
furniture, or to the benefit of the parties who may have been 




CIVIL STATUTE LAWS 



injured by the loss thereof ; and an order for appropriating such 
damages shall be made by the Court before which such action 
may be tried. 



ARTICLE 7. 
The Master. 



Sec. 

8.S5. Referees abolished In certain Counties. 

B3U. OfBce of Master estahlishetl therein : 
how appointed and term of. 

1:37. Bonds of. 

83«. Oaths of. 

830. Within what time bond must be com- 
pleted and Qled. 

840. Governor to All vacancies. 

841. Judge of Probate and Clerk of Court 
may be. 

843. Not to practice law In civil cases. 
848. Special Master ; when and how ap- 
pointed. 

844. General duties of. 



8EC. 

645. To sell lands In the County where 

situate ; when. 
84C. May sell In any County under order 

by consent ; Master for Berkeley may 

sell In Charleston- 
Si?. General powers of. 

848. May (mint orders In partition and 
dower; when. 

849. To take testimony on application of 
party ; notice, Ac. 

850. Deposit funds by. 

Rijl. Annual report to Court on estates, 

4c. 
852. Books of office. 



Referees aboi- Section 835. i'^^^-) The office of Referee and the practice of 

Counties.^ referring cases to Referees, as provided in the Code of Procedure, 

ru?-^ xv*!!!,' 104^ shall not exist or be used in the Counties of Abbeville, Aiken, 
'lo^'si'^'fJs"' Barnwell, Beaufort, Berkeley, Charleston, Colleton, Edgefield, 
X x ^1.4 ^^; G-reenville, Marion, Newberry, Oconee, Orangeburg, Richland, 
1893' :^i" 64'j' Spartanburg. Sumter, Union and Kershaw. 

Office of Mas- Ssc. 836. (782.) In these Counties the office of Master is 
there^T^h^o w established, and in Anderson County until Xovember 1st, 1894. 
SoL^ ^^'^ In the County of Charleston there shall be two Masters, and 
ihTTisns, XXI., in each of the other Counties aforesaid one Master. The Master 

547 ■ 1893 XXI. 

WO.' ' " shall hold his office under the appointment of the Governor, b}'' 
and with the advice and consent of the Senate. He shall hold 
his office for four years, and until his successor shall be appointed 
and shall qualify. 

The Master for the County of Kershaw shall not be required 
to give any official bond, and shall have all the powers and per- 
form all the duties now devolved by law upon Masters, except the 
making of sales of property ; that all laws regulating public and 
judicial sales in the Counties in which the office of Master does 
not exist shall remain of force in said County of Kershaw. 
Bond of. Sec. 837. {7SJ.) Before entering on the duties of his office, 

the Master shall enter into bond, conditioned for the faithful 



lb. 



OF SOrTir TAlfOUXA, 




discharge of tho duties dF the ollicc, in tin; penal sums fnllowitig, 
that is to say: Mach Mastoi- in tlu; ('ounty of Charleston, thirty 
nmiisand dolhirs ; (;a(.'h .Master in the (bounties (if Aiken and 
licrkeley, live thousjind dolhirs ; and eaeh Master in the other 
Counties above named, ten thousand dollars; sneh bonds to he 
suhjoet to tho same provisions as to the number and liabilities of 
sureties, tho ajjproval of tho form and suMieiency thereof, and to 
be filed and recorded in the same offices, as tlie bonds of the 
County oHirers, as proscribed in Chapter XVIII., Article 1, 

Sec. 838. C^'^^'-^) Before entering upon tlic duties of hisoflice oathsof. 
lie shall take in writing, endorsed on his bond, the oath of office •^''* 

prescribed by the Constitution, and also the oaths prescribed in 
Sections 501 and 502. 

Sec. 839. {7S-k) The bond of the blaster must be furnished, within what 
executud, a})proved and tiled within thirty days after notice of be' completed 
his appointment ; and if the said bond be not executed, approved ""'' "'j^ 
and lilod within this period, the appointment shall be deemed 
revoked. 

Sec. 840. (7<s>>.) All vacancies in the office of Master, from Governor to 
death, resignation, removal from the State, or from anv cause "" J"""*"'^,'., 
whatsoever, shall be tilled by the appointment of the Governor, 82; isT8,xvl. 
by and with the advice and consent of the Senate ; and the per- xvii., iiae. 
son apjiointed to such vacancy, if his appointment be approved 
by tho Senate, shall hold his office for four years, and until his 
successor is appointed and shall qualify. 

Sec. 841. {7S7.) Xo person shall be ineligible to the office of judge of pto- 
!Master by reason of his holding the office of Judge of Probate or o"court'may*be 
Clerk of the Court of any County. xvi., 766. 

Sec. 842. {78S.) No person whilst he holds the office of Miis- ^ot to practice 
ter shall ])ractice or be a partner with any one engaged in the ^^^^^ ° "^ ' ^ " 
practice of law in the Probate Court, or the Court of Common isrs. xvi.7«». 
Pleas of his County, or in the Supreme Court, in any civil case iri". s-'W. 
arising in the County in which he holds his office. 

Sec. 843. (,789.) In case of a vacancy in the office of Master, spociai Mas- 
or in case of the disability of the Master from interest or any {fo^v uppciint^!' 
other reason, the Court or a Judge thereof may appoint a Special g.i'i^iKsa'x/x*' 
Master in any case, who shall as to such case be clothed with all *•'• 
tho jiowers of Master. 

Sec. 844. {7f)0,) The Master shall attend the sitting of the General duues* 

Court of Common Pleas in the hearijig of any cause in which he ~ 

may have acted officially, shall make all such sales as the Court 
may order him to make in granting equitable relief, and shall 



278 CIVIL STATUTE LAWS 

A. D. 1894. 

""■"■> ' execute all proper conveyances thereof. He shall execute and 

perform all orders of the Court upon references to him conform- 
ably to the practice of the Court. 
Masters and In all cases referred to them by the Courts of Common Pleas, 
to*1^'e'p'^o*^'/r^ as now provided by law, shall make and file with the Clerks of 
^l^"^*-^ the Courts of Common Pleas of their respective Counties their 
reports within sixty days from the time the action shall be finally 
submitted to them, and in default thereof they shall not be 
entitled to any fees : Provided, That nothing herein contained 
shall prevent parties to said action, or their attorneys, from 
extending the time by mutual consent in writing. 

As to sales. — 2'mino v. Flood, 1 McC, 121 ; Baily v. Baily, » Rich. Eq., :if<2 ; 
Miller v. Law, 10 Rich. Eq., 320 ; Meny v. Hauser, 13 Rich. Eq., 210 ; Bxilow 
V. Witte, 3 S. C, 308 : Dvpont v. Collins, 3 S. C, 329 ; Ostendorff v. Brouii, 
15 S. C, 61H ; Ex Parte Knight. 28 S. C, 481 : Alexaiider v. Messervey, :i5 S. C, 
409. Liability for neglect of dvity. —Femi-icke v. Gibbes, 2 Dess., 029 ; Thomp- 
son V. Warj7ier, 3 Dess., 94 ; Somerall v. Gibbes, 4 McC, 547 ; Ex Parte Cred- 
itor of Sfanya)-yie, Harp. Eq., 20 : Arthur v. Master, Harp. Eq., 47 : Ex Parte 
Perry, Etirp. Eq., .50 : Houseal v. Gibbes, Bail. Eq.. 482 : .Spencer v. Gibbes, 
Dud. Eq.. 174 ; McCall v. Elliott, Dvid., 2^ : Lowndesv. Pinckney, 1 Rich. Eq., 
155 ; Street v. Laurens, 5 Rich. Eq., 227 ; Ex Parte Boyd, 8 Rich. Ecj., IWJ ; 
Wightmanw. Gray, 10 Rich. Eq., .518; McPherson v. Lynah, 14 Rich. Eq., 
112 ; Pickens v. Dwight, 4 S. C, 360. 

To sell lands Sec. 845. Whenever the Court of Common Pleas in any 
where^situ^e^ County shall have acquired jurisdiction over real estate lying in 
when. — another County, it shall be lawful for the Master for the County 

1884, XVIU., 708 . ,.,,*'. . , , ., , , . . , 

in which the action is brought to sell such real estate m the 
County in which the land is situated, and all such sales hereto- 
fore made, otherwise valid and not appealed from, are hereby 
confirmed. 
May sell In Scc. 846. Whenever real estate is adjudged to be sold by a 
d'e^r *orter "by Master, such sale may take place by consent of the parties to the 
ter for Berkeley cause or their attorneys, or when infants are parties by the 
chaHeston. '^ consent of the guardians ad Uleni of such infants or their attor- 
\m\\m'^ml ^®3'^' ^^ ^°y County which the Court may direct ; and all such 
sales heretofore made, and otherwise valid, are hereby confirmed. 
General pow- Sgc. 847. {'<-'l-) Each Master, within his County, in all 
^"i^dxTlse^ causes praying equitable relief, shall have power to hear all 
1878, xvi.,'609.' motions, of course, and to make orders thereon ; to extend the 
time to answer or demur ; to grant leave to amend pleadings and 
to make new parties ; to appoint guardians ad litem for infants, 
and to grant all orders necessary for the service by publication of 
absent defendants. He shall also have power to make orders of 
reference of matters of account, reserving all the equities of the 



OF SOUTH CAROLINA. 279 

A.D, ISOl. 

partii's, ami may .^raiil all siiclioniiTs of an iiilcrlociitorv '"liarac- ''"""^v''""^ 

ter as may be necessary to prepare siu^h eiiuses for a liearin;^ on 

the merits. Hut all such orders shall be subject to the revision 

of the presiding Judge at tlie next succeeding sitting of tlie 

Court, or of the resident ('ircuit Judge at Chambers. 

As to aim'iulnumta.— ^. C. li. li. Co. v. JiurnrH, 12 H. C, 174; Mnson v. 
Jn/inson, i:{ S. C, 2:i. Power to HUt^. — Dnufhit v. \\'r.tfjleld, 22 S. C, .588. 
Liiuitutiou of |K)wer.— A'lVf/o/r v. Hair, 111 S. C, 488; Cartee v. Spencr, 24 S. 
C, .5.58 ; Sartoi- v. Beaty, 2.5 S. C, 2»4. 

Sec. 848. C^-'"'-) He shall in his County have poAver, upon Muy»mintor- 
pruper proceedings liled, to grant orders for the partition of real uTd'Vo w'I'r"' 
or personal estate, and for the admeasurement of dower in cases **'"^"- 
Avliere the riglit of ])artition or dower is not contested, or the 
same has been ascertained by a decree of the Court. All pro- 
ceedings under such orders shall be filed at the next succeeding 
term of the Court for tlio adjudication of the presiding Judge, 
until whicli adjudication all equities of the parties shall be 
reserved. 

Sec. 849. (793.) He shall, upon the application of either xotake testi- 
party to any cause or proceeding in which equitable relief is ^'tjon o" pTtyl 
demanded, pending and at issue in his County, take in writing '>^"<"«' *<^- 

. . . "^ *= 1S78, XVI.,00i); 

the testimonv of any witness who may be produced before him i*^o- x i., isr, 

■ , • , ' ^ 158, §810. n, 1-.'. 

by any party to the cause, ten days notice of such application 
having been given to the opposite party, such witness being sub- 
ject to the same rights of examination, cross-examination and 
reply, and the same exceptions as to the admissibility of testi- 
mony, as are allowed by law upon examination before the Court ; 
except that in case any testimony be objected to, the Master 
shall receive the same subject to exceptions, reporting the excep- 
tions and his ruling thereon. 

The deposition so taken may be read in evidence at the hear- 
ing, subject to the right of either party, upon good cause shown, 
to require the personal attendance and viva voce examination of 
the witness at the hearing. 

He shall have full power to compel the attendance of witnesses 
before him, to administer all necessary oaths, to take affidavits, 
and to punish for any contempt. 

Sec. 850. {794.) He shall deposit all funds in his hands in Deposit of 
some bank located at the County seat of his County ; and if there "";••■«• xi itii 
be none, then in the bank most convenient to him. lo^suf**' ^'^■' 

Sec. 851. ('•'■'.) He shall aiHiually report to the Court of 'a„„,',„, r,.p,.,, 
Common i^leas of his Countv, on the first day of the Fall Term ^' court on 

t'statf's, Ac. 

thereof, the different estates in his hands, possession, or man- 1*10, xi., 101, 

^ B15. 



?80 



CIVIL STATUTE LAWS 



A. D. 1894 . 



Books of olBce, 



agement, by virtiu' of his otKce or siny order or decree of tlie 
Court, setting forth in such return the particuhirs and vahie of 
each estate, together with a full account of all moneys received 
or paid out by him relating to said estate respectively ; and he 
shall at the same time produce to the Court the vouchers of his 
said account, and all bonds, certificates of stock, and other in- 
vestments, specified in his returns, producing his bank book 
showing moneys in his hands. 

Sec. 852. {7'JtI.) He shall keep a reference book, in wiiich he 
shall record all references held by him and the proceedings therein, 
and a ledger, in which shall be kept the account of all cases 
in his hands to whose credit he may receive funds ; and wben he 
shall cease to be Master, these books shall be deposited in the 
office of the Clerk of the Court of Common Pleas of his Couutv. 



ARTICLE 8. 



Trial Justices. 



Sec. 

853. Appointment and term of office; no 
charge for their commissions. 

854. Removal from office ; vacancies. 
8.55. Oaths of. 

Special Provisions for Counties, Towns 
and Cities. 
85C. Abbeville County. 
857. Aiken County. 

805. Anderson Couutv. 

859. Barnwell County. 
SCO. Beaufort County. 
801. Berkeley County. 
862. Charleston County. 

8(j3. Chester, Edgetleld, Greenville, Horry, 
Lancaster, Orangeburg, Sumter and 
Williamsburg Counties. 

864. Chestertleld County. 

865. Clarendon County. 

806. Colleton County. 
867. Darlington County. 
80S. FairUeld County. 

860. Florence County. 

870. Georgetown County. 

871. Hampton County. 

872. Kershaw County. 

873. Laurens County. 

874. Lexington County. 

875. Marion County. 
870. Marlboro County. 

877. Newberry County. 

878. Oconee County. 

879. Pickens County. 

880. Richland County. 



Sec. 
881. Spartanburg County. 
8S2. Union County. 

883. York County. 

Courts of Trial Justice.-^. 

884. Parties entitled to trial by jury. 

885. Parties may agree upon ]ur>' in civil 
cases ; how juries are drawn. 

880. Penalty on delinquent jurors. 

887. May punish for contempt. 

Special Provii<i()ux liclating to the City 
of CharleMon. 

888. Courts in City of Charleston ; special 
provisions. 

General Forcers and Dtities. 
May administer oaths and take renun- 
ciations of dower. 

May take testimony on application of 
party. 
May take testimony de hcne esse. 

892. Books to be kept by, and how dis- 
posed of. 

893. Accounts of, to be audited by County 
Commissioners. 

894. Party charged with cost may demand 
items. 

Cannot act as counsel or attorney in 
ca.ses once before him. 
Fines and penalties ; how disposed of. 
Montlily reports of moneys collected : 
to whom made. Ac. 

898. Fees of, for rules against Constables. 

899. Regulations as to books distributed 
among Trial Justices. 



889. 



890. 



891. 



895. 



896. 
897. 



OF SOUTH CAI.'nLiXA. 281 

A.I). IK'.tl. 

Section 853. (<■''■) 'I'hc (iovcrnor .shall have aiitlioritv. liv • 

• ■ I 1 '• I 1- i 1 o i • i ri< • 1 ApiHilntmiTit 

ami witii tlu' iidvici' and coiisciit (il tiie senate, to a|»|)<»mt 1 rial miki u-nnof of- 

, ,. • .1 I /, i- »• n ■ CM i I i f lire; mi rlmrRf 

.JustU'es in tiiu si'vi-ral ( ounlifs ot this Mate, who.se terms of r.r their com- 
otVice shall he coiimieiisurale with the term of oflic-e of the (iov- 'i„.jo' xx. w>7 
iTiior l>v wlioiii such 'Trial .Iiistices .shall have been apijointed, *•'•'*• 
ant! until llu-ir successors are appointed, it shall be the duty of 
tlie Secretary of State to issue their eonimissions without fees or 
cliarges. 

Sec. 854. 'Trial Justices shall he subject to removal by the iicmovai fnmi 
((()\('ni(ir upon the same <frounds, and m the same manner, as is /;,.^ga. 
provided in Sections 273 and ;)IM, in cases of County Auditors 
and Treasurers. The CJovernor shall have authority to fill any 
vacancy caused by death, removal, or otherwise, of any Trial 
Justice ; but the person ai)pointe(l to till such vacancy shall hold 
office only for the unexpired term of such Trial Justice. 

Sec. 855. {SOO.) Before entering upon the duties of his office oatbs of. 
each Trial Justice must take, in writing, the oath of office pre- ^^*"' ^^'"••'*'^' 
scribed in the Constitution, and also the several oaths prescribed 
in Sections 501, 502 and 503, before the Clerk of the Court of 
Common Pleas of the County, or, in case there be no such Clerk, 
before any one authorized to administer an oath, and must file 
the same with the Secretary of State. 

Special Provisions for Counties, Towns and Cities. 
Abbeville County. 

Sec. 856. Seventeen Trial Justices shall be appointed for the Abbeville 
County of Abbeville, and no more. One shall be commissioned isss, xx.,85,§i 
for each of the folloAving places, viz.: Ninety-Six, Greenwood, 
Hodges, Donaldsonville, Due West, Antreville, Lowndesville, 
Monterey, Mount Carmel, McCormick's, Troy, Bradley, Lebanon, 
Hampton, Cochran's Mills, and two at Abbeville Court House. 
Each shall have his office at the place for which he shall be 
aj^pointed. Each of said Trial Justices shall receive, as com- 
pensation for his services, and in lieu of all costs and fees in 
criminal cases, the sum of lifty dollars per annum, except the 
Trial .Justices at Abbeville, who shall each receive one hundred 
and fifty dollars per annum, and the Trial Justices at (ireen wood 
and Ninety-Six, who shall each receive one hundred dollars ])er 
annum, and the Trial Justices for Antreville, Lebanon, Monterey, 
('ochran's Mills and Hampton, who shall each receive forty dol- 
lars, lu addition to their salaries, they shall receive, when called 



282 CIVIL STATUTE LAWS 

A.D. 18W. 

^■^ Y ' upon to act as Coroner, the fees allowed by law to Trial Justices 
for such services. 

Each of said Trial Justices, except the two appointed for the 
town of Abbeville, is authorized to appoint a (,'oustable to serve 
and execute such process as he may issue. Each Constable shall 
receive, as compensation for his services, and in lieu of all costs 
and fees in criminal cases, the sum of fifty dollars per annum, 
excei)t the Constable for the Trial Justice in the town of (Jreen- 
wood, who shall receive seventy-five dollars per annum. In all 
criminal prosecutions cognizable by the Court of General Sessions, 
the Sheriff of the County may be authorized to serve and execute 
process, and shall receive therefor the fees allowed by law for 
such services. 

Said Constables shall be paid, in addition to their salaries, for 
conveying prisoners to jail, at the rate of six cents per mile for 
each mile of necessary travel, computed from the office of the 
Trial Justice, to the jail. 

The Sheriff of the County is authorized and required, in per- 
son or by deputy, to serve and execute all process issued by the 
Trial Justices at Abbeville, and shall receive therefor the fees 
allowed by law for such services. 

The salaries and other compensations of Trial Justices and 
their Constables, as herein provided, shall be due and payable 
quarterly, upon the orders of the County Sujiervisor. 

Each of said Trial Justices shall collect and pay over to the 
County Treasurer all costs and fees to which he or the Constable 
employed or appointed by him w^ould have been entitled but for 
the provisions of this Section, except as to the costs and fees of 
the Sheriff when acting as Constable for such Trial Justices, 
together Avith all fines collected. He shall, at least ten days prior 
to each terra of the Court of General Sessions of the County, 
make out and file with the Clerk of said Court a certified tran- 
script of his criminal docket, which shall show the amount of 
fees, costs and fines imposed and the amount collected thereon, 
which transcript shall be for the investigation of the Grand 
Jury, and shall be in lieu of the investigation of the books and 
records of the Trial Justices of the County, as now provided by 
law. 

Aiken County. 

Aiken County. 

12^' i^Jna! See. 857. (SOJ.) Thirteen Trial Justices shall be appointed 
fm! XX., ^^1,' for the County of Aiken. Xo Trial Justice in said County shall 
93^; 1890, XX., pg^eive during a fiscal year for fees and charges in criminal cases. 



OF SOUTH CAHOMXA. 283 

"~ A. D. IWIl. 

taxed against the County, a greater aiiiDiint tlnm two huiulrcd ^ -' 
dollars, except the Trial .Iii-licc at Aikcii Coiiit lloiiso, who 
shall iHH'i'ive full costs and fees in all cases before him ; and the 
'i'rial .lustiee ut (Jraniteville, who shall receive costs and fee; in 
criminal cases so taxed to an ainouiit not exceeding three hun- 
dred dollars per annum. 

No Constable nor Constables of any one 'J'rial Justice of said 
County shall receive during a fiscal year for fees and costs in 
criminal cases, taxed against the County, a greater amount than 
one hundred and fifty dollars. 

The County Board of Commissioners shall open on their books 
accounts with said Trial Justices, except the one at Aiken Court 
House, and with said Constables, and graduate their fees and 
charges according to the provisions of this Section. 

The Sheriff of said County shall receive for serving papers 
emanating from the Courts of Trial Justices the fees now allowed 
by law to Constables for such services, and none other. 

Anderson County. 

Sec. 858. (^^4-) Nineteen Trial Justices shall he appointed Anderson 
for the County of Anderson, of whom two shall reside in the ^^' xvnr 
city of Anderson, one in Broadaway Township, and one at or?i^: j^^' ^x" 
near Pelzer, and the others shall be distributed over the County ^' ^'^'^' ^^-^ 
a^ may best subserve the public welfare. The two residing in 
said city shall each receive an annual salary of one hundred and 
fifty dollars, and each of the others an annual salary of fifty 
dollars, in lieu of all cost and fees in criminal cases ; such sala- 
ries to be paid by the County. No fees or costs shall be retained 
by any such Trial Justice for any trial or process whatever 
excei)t in civil cases. No account or claim shall be paid to such 
Trial Justice by the County Treasurer upon any such demand. 
If any such Trial Justice shall neglect the duties of his office, 
or shall fail to pay over to the County Treasurer the fees, costs 
and fines collected by him, he shall be liable to indictment in 
the Court of Sessions, and upon conviction shall be punished as 
if guilty of larceny to the amount not so paid over, and shall be 
removed from office. 

The Trial Justices of Anderson County shall make a report of 
their proceedings in all criminal cases to the Clerk of the Court 
of said County on the first Monday in each calendar month for 
the mouth preceding, which report shall state specifically the 
names of the parties in action, the crime charged, the judgment 



284 CIVIL STATUTE LAWS 

A. D. 1894. 

^ ^' ' rendered, and penalty, fees, costs, and fines imposed, and 

whether the same are collected or nulla bona, and in what 
amounts ; and all such amounts shall npon the same day be due 
and he paid to the County Treasurer, and a failure to make this 
report shall be a misdemeanor, punishable by the Court of 
General Sessions by imprisonment in the County jail for not 
more than thirty days, or a fine not exceeding fifty dollars, or 
both, in the discretion of the Court. 

All blanks required in the prosecution of criminal cases shall 
be furnished by the County Board of Commissioners upon the 
requisitions of the several Trial Justices, as they may be required 
in the performance of the duties of their office. 

Witnesses and jurors shall hereafter receive no pay from the 
County for service upon criminal cases before any Trial Justice, 
and all fees and costs arising from such service are hereby abol- 
ished within the County of Anderson. 

Barnwell Couxty. 

Barnwell Sgc. 859. (SOo.) Ten Trial Justices shall be appointed for 
County. ^}jg County of Barnwell ; one for each of the towns of Allendale, 

1S83 XVIII *- 

4S4, §5; ih'.] Bamberff, Barnwell, Blackville, Graham's and Williston, and 

618 ' 1889 XX 

462;' 1892, 'xxi.", ouc for cach of the Townships of Buford's Bridge, Fish Pond, 
' ■ Four Mile and Red Oak. They shall keep their offices at the 

places, respectively, for which they are commissioned, and shall 
keep the same open from day to day for the transaction of busi- 
ness. The Trial Justice for Fish Pond Township shall hold his 
Courts at Midway also. Each of them is authorized to appoint 
a person to act as his Constable in serving and executing process 
issued by him ; such person shall give bond in the penal sum of 
two hundred and fifty dollars for the faithful discharge of his 
duty, and shall take the oaths required by law. 

Said Trial Justices and their Constaliles shall receive annual 
salaries from the County, payable quarterly upon the orders of the 
County Board of Commissioners, as compensation for their ser- 
vices, and in lieu of all costs and fees in criminal cases, as follows : 
The Trial Justice for Barnwell two hundred and fifty dollars, 
and his Constable two hundred and eighty-five dollars ; the Trial 
Justices for Blackville two hundred and fiity dollai-s, and the 
Trial Justice at Allendale one hundred and fifty dollars, and 
their Constables, each, one hundred and seventy dollai-s ; the 
Trial Justice for Bamberg one hundred and twenty-five dollars, 
and his Constable one hundred and forty dollars ; the Trial Jus- 



OF SOUTH CAROLINA. 




tices for Willistoii. (Iialiaiirs. IJiifnnrri liritl<,Mj ami Four Mile, 
each, one hundred dollars, and tlieir C()nstal)les, each, one hun- 
dred and fifteen ilollars ; tlic Trial Justice for Fish Pond sev- 
enty-live dollars, and his Constable eighty-five dollars ; and the 
Trial Justice for Hed Oak fifty dollars. ai\d his Constable sixty 
dollars. The said Constables shall be entitled, in additi(jn to 
their salaries, to the mileage allowed by law for conveying pris- 
oners to jail under cojnmitnieut. 

In all criminal jirosecutions cognizable by the Court of (Jeu- 
eral Sessions, the Sheriff of said County is authorized to serve 
and execute process issued by the said Trial Justices and to liim 
directed, and shall be entitled to receive therefor the fees allowed 
by law for such services. 

Each of said Trial Justices shall collect and ])ay over t(j the 
County Treasurer all costs and fees in criminal cases to which 
he, or the Constable appointed by him, would have been entitled 
but for the provisions of this Section, together with all fines col- 
lected by him, and shall, at least ten days prior to each term of 
the Court of General Sessions for the County, make out and file 
with the Clerk of said Court a sworn transcript of his criminal 
docket, which shall show the amount of fees and costs and fines 
imposed, and the sums thereon collected, which transcript shall 
be submitted to the Grand Jury at the term next ensuing for 
investigation. 

The County Treasurer of said County shall set apart all fines, 
penalties, forfeitures and costs, and fees paid in by said Trial 
Justices, to be kept as a special fund out of which all demands of 
said Trial Justices against the County shall be paid in preference 
to any other claims against the County, and the claims of any 
Trial Justice paying in said funds shall have jireference over the 
claims of any other Trial Justice to the amount so paid by him. 

Beaufort County. 

Sec. 860. {S93. ) Eleven Trial Justices shall be appointed for Beaufort 
the County of Beaufort, of whom one shall reside at Chisolnr's ^''""V'\. ,., , 

•' ISh., A > II., 

Island, one at Hilton Head, and one at Port Eoyal, and the «I|: 'j^.xix.. 
others shall be distributed as the convenience of the County iii-'>; J'^^xx.'. 

' 87. 8 '-J ; 1 8 i' 0, 

may demand, 'i'he (Jovernor is authorized and empowered toxx.. si3. 
appoint an additional Trial Justice to be located at the works of 
the Pacific Guano Company, who shall receive for his services 
the usual fees allowed by law'. His criminal jurisdiction shall 
be confined to the territory of the said company, and include, 



286 



CIVIL STATUTE LAWS 



A. D. 1801. 



also. Horse Islsiiul hi said County. He may appoint a Constable, 
who shall receive the usual fees allowed by law to Constables, 
provided such fees be i)aid by the said company. 

In cases of breach of the })eace, the jurisdiction of Trial Jus- 
tices now and hereafter to be appointed for the Counties of 
Beaufort and Hampton resident at or near Hardeeville, Yemas- 
see and Ridgeland is extended over both said Counties to the 
limit of one-half mile in each and every direction from the 
Charleston and Savannah Railroad depots at said places. 

Persons arrested on charge of any offense against the laws of 
the State in said County must be carried before the Trial Justice 
nearest the place where the offense was committed for prelimi- 
nary examination or trial, as the case may be ; and all civil 
actions must be tried in the township where the defendant 
resides, subject to the right of removal, as provided by law. 

Berkeley County. 



Berkeley Sec. 861. (SOS.) Sixteen Justices shall be appointed for the 

c«u"^y- Countv of Berkeley. 

1880 xvni. " 

8G, 314; i8 84| The Said Trial Justices shall be located as follows: One on 

1890, x£, 82iJ Edisto, one on AVadmalaw Island, one on John's Island, one in 
'" the Parish of St. Andrew's, four in the Parish of St. James 
Goose Creek, two in the Parish of St. John's Berkeley, two in 
the Parish of St. Stephen's, one in the Parish of St. Thomas 
and St. Dennis, one at Mt. Pleasant in the Parish of Christ 
Church, and two in the Parish of St. James Santee. The said 
Trial Justices shall each receive a salary of one hundred dollars 
per annum, such salary to be in lieu of all costs and fees in crim- 
inal cases, except when the same are paid by the defendant after 
conviction, in which case they shall be entitled to receive the 
costs and fees now allowed by law. 

The said salary shall be payable quarterly by the County Trea- 
surer, upon a warrant issued by the County Board of Commis- 
sioners, out of any funds he may have on hand for such purposes : 
Provided, The County Board of Commissioners shall not issue 
such warrant for any such quarterly payment until the Trial 
Justice applying for the same shall make out and file with said 
Board a statement, on oath, of all fines collected by him during 
the period for which such salary may be due, and that the same 
has been paid over by him to the County Trensurer. Each of 
the said Trial Justices may appoint a Constable to serve and 
execute such process as he may issue, and each of said Constables 



OF SOUTH CAROLINA. 287 

~ ' A.D. ISOI. 

shall rt'cuive as (MHiipciisatiDii for liis Hervices, and in lieu of all '" "•' ^' 
costs and fees iji criminal cases, except where the same are jmid 
by the defendant after eojivictioii, tlie sum (tf one liuudred dol- 
lars per annum, payable in the same manm-r and at the same 
time as the salary of the Trial .histices. Kacli 'i'rial Justice 
shall nuxke monthly reports, duly verilied, to the County Trea- 
surer, of all fines collected by him during the preceding month, 
and shall at the time of making .such report turn over all such 
fines to the said Treasui-er. 

The jurisdiction of the 'J'rial Justices for Berkeley and Colle- 
ton Counties, resident at or near the town of Summerville, shall 
exteiul over both said Counties to the limit of five miles in each 
and every direction from tlie town hall of said town. 

Charleston County. 

Sec. 862. {807, SOS, 809, 810, Sll.) There shall be for the Charleston 
city of Charleston three Trial Justices, one of whom shall ])e ^°^^^' ^^^^^ 
known as a Judicial Trial Justice, and two as Ministerial Trial rsa ; lAwj. xix^' 
Justices, The Judicial Trial Justice shall have jurisdiction to n ;'i»«.'xviii.; 

, . , !'0. W3, 4; 1887, 

hear and determine all cases properly brought before him, but xix., i.so ; 1802, 
cannot practice in the Trial Justice Courts. The Ministerial 
Trial Justices may bring all actions and prepare all cases triable 
in the Trial Justices' Courts, but cannot hear and determine any 
cases whatever excepting when acting as Judicial Trial Justices 
in cases hereinafter provided. The Trial Justices of the city of 
Charleston shall each enter into a bond to the State, with sure- 
ties, in the sum of one thousand dollars, and shall receive, as 
full compensation for all claims against the County whatever, 
the following salary each : The Judicial Trial Justice at the rate 
of nine hundred dollars per annum, and each Ministerial Trial 
Justice at the rate of six hundred dollars per annum, said salary 
to be paid, on orders or warrants of the County Board of Com- 
missioners, by the County Treasurer. The Recorder of the city 
of Charleston is hereby clothed with all the powers, duties and 
jurisdiction of a Judicial Trial Justice, except that he shall not 
receive any additional compensation, and shall not have tlie 
authority of a Trial Justice to appoint a Coiista])lo. 

The Trial Justices of said County outside of the city of 
Charleston shall be located as follows : One on James Island, 
one on Sullivan's Island, and one at McClellansville. who shall 
each have jurisdiction over any i)art of the said County, except 
within the said city, and each uf whom shall receive a salary of 



288 



CIVIL STATUTE LAWS 



A. D. 1801. 



^- — ^ ' one hundred and fifty dollars per annum ; and one for that part 

of said County in the bite Parish of St. Pliilip'.s out.side the lim- 
its of said city a7id North of Line street, who sliull have the 
same duties and powers as those of the Ministerial Trial Justices 
in said city, but whose jurisdiction, in all matters civil (tr crimi- 
nal, shall be limited to the }jart of St. Philij»'s Parish lying in 
said County and North of Line street in said city. He shall 
receive a salary of five hundred dollars per annum. He shall 
return his cases to and try them in the Courts of Trial Justices 
in the city of Charleston and shall be a part of the system of said 
Courts. 

Each Trial Justice in said County is authorized to appoint one 
Constable to perform such duties as are now by law provided, 
and to emjiloy au extra Constable, if any of them deem it neces- 
sary, for the collection of delinquent poll taxes. Said Constable 
shall be allowed for his services the sum of twenty-five cents for 
each poll collected, which sum shall be charged against the 
delinquent in the same manner as Treasurers' costs and penalties 
are charged. 

The Constables apf)ointed outside of the city of Charleston 
shall each receive out of the funds of the said County a salary of 
one hundred dollars per annum, excejit the Constable appointed 
by the Trial Justice of the Parish of St. Philip's outside of said 
city, who shall receive a salary of three hundred dollars per 
annum. The Constables appointed for the city of Charleston 
shall each receive a salary of three hundred dollars out of the 
funds of said County. 

The salaries herein provided shall be in full for all services 
rendered in State cases, and shall be paid by the County Trea- 
surer of said County out of taxes collected for each fiscal year in 
the same manner as other claims against the County ; the pa)'- 
ments of said salaries shall be made upon the orders of the County 
Commissioners, who shall issue the same at the periods herein 
stated. 

Chester, Edgefield, Greenville, Horry, Lancaster, 
Orangeburg, Sumter and Williamsburg Counties. 

Judicial Dis- Sec. 863. In. Clieder Counfy there shall be six Trial Justices, 
Er™ai°ji!i^ ^5 follows : One for the township of Blackstock's, Court House 
ticearor. j^^^j Sandy River, to be known as First Judicial District : one 

~Sf^y£ for the townships of Lewisville and Hazelwood, as Second Judicial 
™"^'*^' District; and one for each of the townships of Landsford, Ross- 



OF SOUTH CAROLINA. 289 

A. D. IKltl. 

villo, H:ituii Iioiiirc ;iiiil I lalsccvillc, to Ix; known respectively as ■"— ^r^-^ 
Tliird. l-'oiirtli, I'MfLh iukI Sixth Jiidicial Oistrict.s. 

In. Edijefidd Counlii there shall he ti'ii Trial Justices, and the K<igeOeiu 
said (Jounty is divided int(j ton Judicial Districts, as f<dlo\vs : ;/,.;i8h7, xix.. 
The First District emhracos Colman and lluiet townships ; the"**' 
Second District embraces Hhinehart and that portion of Norris 
township not included in the Tenth District ; the 'J'hird Dis- 
trict embraces those portions of Ward and ^lobJey townsJii})s 
not included in the Tenth District and Johnston township ; the 
Fourth District embraces Pickens, Wise and Shaw townshifjs; 
the Fifth District enil)races Merriwether, ^ire<,rg and Collier 
townships ; the Sixth District embraces Washington, Ryan and 
Collin? townships ; the Seventh District embraces Talbert, llil- 
ber and Moss townships ; the Eighth District eml)races Blocker 
and Gray townships ; the Niutli District embraces Cooper and 
Dean townships ; and the Tenth District embraces the follow- 
ing portions of Ward, Mobley and j^orris townships, included 
in the territory within the following lines, to wit, beginning at 
Ward's gin house, running thence South, connecting with the 
Aiken road at Silas Youco's house, thence Southwest down the 
Aiken road to the Aiken line near Lyham's Mill, thence along 
the Aiken County line East to the waters of Chinquapin, near 
Moses W. Holstein's, thence Westward to J. R. Watson's, thence 
Westward to Watson's store, thence Southward back to Ward's 
gin house. 

In Greenville Conntij there shall be seventeen Trial Justices, creenviiie 
one to each township thereof except the township of Greenville, f'o""^>'- 

1S80, X I X., 

and it shall have two. Each of said Trial Justices shall have "'^^ «i: • »sv, 

XIX., 1027; ISyi, 

jurisdiction of all matters properly triable in Courts of Trial xx'Liero;'!®^! 
Justices for the township in which they reside. The compensa- 
tion of each of said Trial Justices, except for the township of 
Greenville, shall be thirty-seven dollars and fifty cents per annum, 
and those of the township of Greenville two hundred dollai's each 
per annum. The above compensation to l)e the full amount to 
be received for each of the Trial Justices for all services in all 
criminal cases, to be paid quarterly by the County Treasurer 
upon the warrant of the County Supervisor. Each of said Trial 
Justices shall have power to appoint one Constable for the 
services of all processes issued by them, civil and criminal, who 
shjill receive thirty-seven dollars and lifty cents i)er aninim in 
lieu of all fees and costs in criminal cases, and the Constables 
19—1 



290 CIVIL STATUTE LAWS 

A. D. IWM. 

v appointed by the Trial Justices of the city of Greenville shall 

execute all warrants in criminal cases to be served and executed 

in Greenville township except the Constables appointed by the 

Trial Justices in the city of Greenville, who each shall receive 

an annual salary of two hundred dollars in lieu of all fees and 

costs in criminal cases. The compensation of Constables to be 

paid as now provided by law. 

Horry County. -^'^ Horrji CoHuhf tcM Trial Justicft« shall be appointed, one 

vo/'m'- f 88^7* ^^^ Conway township, one for Soccastee township, one for Dog- 

■^ix., ii)»i;isss, wood Neck and Little River township, one for Buck's township, 

one' for Dog Bluff township, one for Simpson's Creek township, 

one for (ireen Sea township, one for Floyd's township, one for 

Bayboro township and one for Gallivant's Ferry township. 

Lancaster, In Lancaster, Oranrjehurrj, Sumter and Williaoixburg Covn- 

s'um't\r"and fi^^ Trial Justices shall be appointed for each Judicial District 

^unti^*^"'^^ t^^p^ein? respectively, as now established by or under authority 

1*^=**^ XIX.. 701, of the Acts of the General Assembly, as follows : 

Lancaster Ln Lancaster Counti/ seven Trial Justices, and one additional 

^^K°Ekr^s^,v - ^or the Judicial District known as the Kershaw Judicial District 

i O.;ibob, XIX., 

^m- i89i' ^" ^^ Kershaw and Lancaster Counties, embracing parts of said 
iso^'/xi'^csi ' Counties within the following areas, to wit : In Kershaw, begin- 
ning at a point where the dividing line between the Counties of 
Kershaw and Lancaster crosses Lick Creek, thence down said 
branch to Hanging Rock Creek, thence down said creek to Little 
Lynches Creek, thence up said creek to the Lancaster County 
line, thence along said line to Lick Creek, the beginning point ; 
and in Lancaster, beginning at a point on a line dividing the 
County of Kershaw from the County of Lancaster two {'i) miles 
from the point where the Charleston, Cincinnati and Chicago 
Railroad crosses said line ; thence Xorth four (i) miles ; thence 
in an Easterly direction running parallel with said County line 
four (4) miles ; thence South four (4) miles to tlie County line 
aforesaid ; thence in a Westerly direction along said County line 
four (4) miles to the beginning point. The Trial Justice in the 
Judicial District embracing the town of Lancaster, in Lancaster 
County, shall receive a salary of two hundred dollars, and the 
other Trial Justices in said County shall each receive a salary 
of thirty-five dollars, except the Trial Justices in the Judicial 
Districts embracing Pleasant Hill, Beaufort and Flat Creek 
townships, and Kershaw, who shall each receive a salary of fifty 
dollars : Provided, That nothing herein contained shall be so 
construed as to alter, amend or repeal the law establishing a new 



OF SOUTH CAROLINA. 291 

A. 0.1804. 

.hidici.il District ill the viciiiiL\ <»!' the town of Kt-nsliaw ttf Kur- '■"^.'—"^ 
slijiw and Lancaster Counties. Tliat the person appointed to 
act as (.'onstable by each Trial .rnstieo shall receive as compensa- 
tion for his services the same amount as that received by tiie 
Trial Justice makin<; the appointment. All fees, costs and 
fines collected by them in criminal cases shall ])e turned over to 
the County Treasurer of Lancaster County, 

Any Trial Justice in Lancaster County, when called upon to 
act as Coroner, shall receive in addition to his salary the same 
fees as are now allowed by law to Coroners. 

/// Oraiujchnrii County, eight Trial Justices — one for the dis- cou'ntyf'^ ^^^ 
ti'ict embracing the city of Orangeburg, and one for each of the hT'-j^'^hk";! 
other seven Judicial Districts in said County. ihw^xix "«;<')• 

III Sinnfer C'o/oiti/, eight Trial Justices — one for each of the Isllii' xxi" w*!* ' 
eight Judicial Districts in said County. sumter county. 

In Williamsburg County, Trial Justices — one for each §s^''2^'^'8 8*iV 

.ludicial District in said County. xx., sai. 

Each of the Trial Justices appointed under the provisions of county. 

this S3ction shall bs a resident of the Judicial District for which g8^,\^^^'' ™'' 
he is appointed, and shall reside therein during his term of Residence of 
office, and the Trial Justice aj)pointed for the Kershaw Judicial istio, xix., roe. 
District of Kershaw and Lancaster Counties shall hold his oflfice g|j'. 'is^.^x.! 
in the town of Kershaw, and the Trial Justice of the Eighth ■''^^'*'^- 
Judicial District of Sumter County shall hold his office at 
Wedgefield. 

In Districts embracing the County seats, the Trial Justices 
appainted therefor shall reside or keep their offices at said County 
seats. 

In all criminal actions triable bv them, said Trial Justices Jurisdiction of. 

1 11 1 1 • ■ ■ ^^ . ■ -1 1 • T • » , ■ lu criminal 

siiall have exclusive jurisdiction within the limits of their re- fast's-^ 
spective Districts, except as in this Section hereinbefore other- §';^\^^xix!.' 
wise provided, and except the Trial Justices appointed for the Ism.'x^x.'.' n-lo! 
Districts embracing the cities of Greenville and Oran(rebur<r, 
respectively, whose jurisdiction in such actions shall be concur- 
rent ; and except the Trial Justice of the Fourth District of 
Edgefield County, whose criminal jurisdiction shall extend over 
the entire County, save as to the trial and examination of eases 
which shall be had before the Trial Justice nearest to the de- 
fendant, as now prescribed by law. In prosecutions cognizable 
by the Courts of General Sessions, said Trial Justices shall each 
have jurisdiction throughout the limits of the County. Hut 
prosecutions and civil actions may be removed from one Trial 



292 CIVIL STATUTE LAWS 

A. D. 18M. 

"""■ — Y ' Justice to another for the same causes and in the same manner 
as is now provided by hiw, and the Courts of Common Pleas 
shall have concurrent jurisdiction in all civil actions triable by 
said Trial Justices. In cases of sickness, absence or temporary 
disability of any Trial Justice, the nearest Trial Justice is 
hereby authorized to hear and determine any cause that may 
arise within the jurisdiction of the Trial Justice so absent, sick 
or disabled as aforesaid. 
Salaries of Said Trial Justices shall receive from their respective Coun- 
ties as compensation for their services, and in lieu of all costs 
and fees in criminal cases, the following salaries per annum, pay- 
able at the end of each quarter upon the warrant of the County 
Commissioners, to wit : 

188U XIX. 7(M -^'^ Chester C'ounfi/. — First District, two hundred dollars; 

^^- Second District, seventy-live dollars ; and each of the other Dis- 

tricts, forty dollars. 
ib^Tm^~ -^'^ Horrij County. — The Trial Justice at Conway, sixty dol- 

80, §6. ia,rs ; and each of the others, forty dollars. 

Jb^i 889 xx ~ -^'^ Sumter County. — The Trial Justice in the Judicial Dis- 

595- trict embracing the town of Sumter, three hundred and fifty 

dollars ; and each of the others, one hundred dollars. 

1386, XIX., 704, In Williamshurg County. — The Trial Justice at Kingstree, 

^"'* fifty dollars ; and each of the others, twenty-five dollars. 

1886 XIX "^^ Edgefield, Greenville and Orangeburg Counties. — The sal- 

14; 'i8S7, "iix., aries shall be as follows : In Judicial Districts outside of any in- 

908,; 1890, XX., 

900; lb., 893; corporatcd city, town or village, seventv-five dollars ; in Judicial 

1B03, XXI., 668. ^. ^ . , . . , " -Hi. 

Districts embracing an incorporated town or village of not more 
than one thousand inhabitants, one hundred and twenty-five 
dollars ; and in Judicial Districts embracing more than one thou- 
sand inhabitants, one hundred and seventy-five dollars ; except 
in the Judicial District embracing the city of Greenville, where 
the salary shall be one hundred and fifty dollars to each of the 
two Trial Justices therein ; and except in the Judicial District 
embracing the city of Orangeburg, where the salary shall be four 
hundred dollars, and except the Judicial District embracing the 
town of St. Matthew's, in Orangeburg County, where the salary 
shall be one hundred and fifty dollars ; and except the Seventh 
and Eighth Judicial Districts of Orangeburg County, where the 
salary shall be forty dollars to each of the Trial Justices therein ; 
and except the township of Elizabeth, where the salary shall be 
eighty dollars. 



OF SOUTH (;ak<)IJna. 29.3 

A. D. I«M. 

Kacli of ihc Trial JiisLicivs appointed iiiKltT tho provisions of ''■■^' "^ 

, ,, , 1-11 ^ , • i 1 ''onstnlili-!", m - 

this Section shall bo authonzecl and enipowi-red to aj)point and rH.iium.nt un<i 

/< ill 1 111 <• ii wiliirii'H of. 

employ a person to act as ('o!ist:ii)Ie, who shall n-f-eive from tlie ikw. xix.. Tor, 
County as compensation for his services the same amount as that f^- "*•'• xxi.. 
received by the Trial Justice making such ap|)ointment, and 
w hich shall he imyable in the same manner, except in the .Indi- 
cia! District ciiil)racing tho town of Sumter, where the Constable 
shall receive as compensation for liis services the sum of two 
hundred dollars; and except in the First District in Chester 
County, where the Constable shall receive one hundred and 
twenty-five dollars ; except in the city of Orangeburg, where the 
Constable shall receive three hundred dollars. Such Constable 
shall not receive any sum of money from the County or from 
any person for any services rendered by him in any criminal case 
under such employment or appointment, except as herein pro- 
vided. In criminal prosecutions cognizable by the Court of 
(icneral Sessions the Sheriff of the County may be authorized to 
serve process, and shall receive therefor the same fees as are now, 
or hereafter may be, allowed by law for such services. In all 
cases in which Constables receive a salary, such salary shall be 
exclusive of any necessary expense actually incurred by him for 
the transportation of any prisoner. 

Each of said Trial Justices shall collect and pay over to the 
County Treasurer of their respective Counties all costs and fees 
to which he or the Constable employed or appointed by him 
would have been entitled l)ut for the provisions of this Section, 
together with all fines collected ; and shall, at least ten davs 
prior to each term of the Court of General Sessions for the 
County wherein he resides, make out and file with the Clerk of 
said Court a certified transcript of his criminal docket, whicli 
shall show the ainount of fees, costs and fines imposed and the 
amount collected thereon. 



Chesterfield County. 
Sec. 864. Fiiiht Trial Justices shall be appointed for dies- rh<*u>rfleid 

^omity. 

iStX, XIX.. tOl. 



terlield County, that is to say one for each townshij), who shall """ ' 



reside therein, and whose salaries per annum in criminal actions 
shall be as follows: The salary of the Trial .Justices for Cheraw 
township and Court House, each, one hundreil dollars; for Jef- 
ferson, Mt. Croghan and Old Store, each, forty dollars ; for Cole 
Hill, thirty dollars; for Alligator and Steer Pen, each, twenty- 
five dollars ; said salaries to be in lieu of all costs, fees and 




CIVIL STATUTE LAWS 



charges ui^ainst the County or State as well as against the defend- 
ants in State cases. Said salaries shall be paid quarterly out of 
the County treasury on the orders of the County Board of Com- 
missioners : Prodded, That nothing herein contained shall pre- 
vent said Trial Justices from receiving such costs as are now 
allowed when legally acting as Coroner. 

Clarendon County. 

Clarendon SeC. 866. (''?^^, 813.) Trial Justices shall be appointed in 

^7t«2^xvii Clarendon County as follows: One shall reside in the town of 

lo-f '.iw-^ 18^' ^I^nning, one at or near New Zion Church, one at Forreston, 

51^- ~}h ^?1^' and the others in different and convenient portions of the Countv. 

XX., Ill, 8u; '■ 

1893, XXI., 610, 'pj^g Trial Justices appointed to serve outside of the town of 

4S1. r-r /- 1 1 • 

Manning shall each appoint one person to act as Constable, in 
serving the processes of their respective Courts, removal)le at 
pleasure. 

The Trial Justice at Manning shall appoint one Constable, 
and no more, to serve the processes of his Courts, removable at 
pleasure ; and the Constable so appointed shall receive a salary 
of two hundred dollars per annum, in lieu of all costs and fees 
in criminal proceedings, to be paid at the times and in the man- 
ner herein provided for the payment of the salary of said Trial 
Justice : Provided, That nothing herein shall prevent said Trial 
Justice from appointing the Sheriff of said County to act as his 
Constable, and from preventing said Sheriff to act as said Con- 
stable and to receive the salary so provided for same. 

In lieu of all fees and costs for criminal proceedings, heretofore 
paid them by the County, the Trial Justice at Manning shall be 
allowed a salary of three hundred dollars per annum,* and each 
of the other Trial Justices the sum of one hundred dollars per 
annum ; and each Constable appointed as aforesaid shall receive 
a salary of seventy-five dolhirs per annum. Said salaries shall 
be payable quarterly on the first of January, April, July and 
October, by the County Treasurer, out of the County funds, upon 
the orders of the County Supervisor. 

Each Trial Justice so appointed shall give a bond of five hun- 
dred dollars for the faithful performance of his duties, to be 
approved by the Judge of the Third Circuit. 

If any Trial Justice appointed for said County shall neglect to 
attend to the duties of his office, or shall be guilty of oppression 
in office, or shall fail to pay over, as required by law, the fees 
and fines collected by him in his office, he shall be liable to 



OF SOUTH CAROLINA. 




indictment therefor, and. i»n (•onviction. shall ho liahlo to inipris- 
oument for two years or a liiui of live huiulred (h)llars, or hoth, 
within the discretion of tlu; Court, and sliali he rimioved from 
oHiee. 

The County Board of Commissioners of said County shall audit 
and cause to ho set aside annually, out of the County funds, a sum 
snlhcient to })ay the salaries herein provided ; and failure on the 
part of the Treasurer to comply with the requirements of this 
Section sliall he a misdemeanor, the penalty of which shall he 
fine or imprisonment, as may be deemed best hy the Court. 

[ * The Trliil Justice at Manning receives four hundred dollars until January 1 , 18'.).'.] 

Colleton County. 
Sec. 866. There shall be twelve Trial Justices in the County ^ „ . ,. . 

k/v/u. WW. J Colleton County 

of Colleton, one of whom shall hold his Court in the town i880, xx.,4.v); 
of Walterboro. Each of said Trial Justices is authorized and ists! xviii.. so! 
empowered to appoint a Constable for his Court, who, upon such 
appointment, taking the oath of office and filing his bond, as 
now required by law, shall have all the powers and discharge all 
the duties of a Constable. Each of the said Trial Justices and 
Constables shall receive an annual salary of fifty dollars, except 
the Trial Justice appointed for Walterboro, who shall receive a 
salary of one hundred and fifty dollars per annum ; and except 
the Constable appointed for Walterboro, who shall receive an 
annual salary of seventy-five dollars ; such salaries to be in lieu 
of all costs against the County, including inquisitions when such 
Trial Justice shall be acting as Coroner : Provided, That any of 
the Trial Justices in said County, who having been duly deputized 
by the Coroner of said County to hold inquests, when so doing 
shall divide with the Coroner one-half the fees now provided by 
law for the Coroner : Provided, furf/ier. That said Trial Justices 
and Constables shall be entitled, in addition to the salary herein 
provided for, to receive fees and costs in civil cases, and in crim- 
inal cases when paid by the defendant ; and that said Constables 
shall also receive five cents for each mile traveled in conveying 
prisoners to the County jail. Each Constable shall be required 
to make return, upon oath, on all warrants of arrest placed in 
his hands for execution by said Trial .Justices at the expiration of 
ten days when failing to effect arrest, and upon failing to make 
such return shall be lial)le to ])ay a forfeit of two dollars for each 
offense, said forfeit to he deducted from his salary by the County 
Board of Commissioners, upon information given to them by 



296 CIVIL STATUTE LAWS 

A. D. 18»«. 

""■^ — V ' the Trial Justice, duly certified under his hand and seal. There 

'^*' ^"'''■'*'" shall be one additional Trial Justice, who shall serve without 
salary or other compensation, and who shall reside at Osborne, 
with jurisdiction confined within one-quarter of a mile in all 
directions of depot at Osborne. 

The jurisdiction of the Trial Justices now appointed, or here- 
after to be appointed, for the Counties of Berkeley and Colleton, 
resident at or near the town of Summerville, sliall extend over 
both said Counties to the limit of five miles in each and every 
direction from the town hall of said town, 

Darlington County. 

Dari i n g 1 n Scc. 867. There shall be five Trial Justices for the County of 

^"°^y- Darlintrton, to be located as hereinafter provided and mentioned, 

1888, XX., 108. , . , '^ . , -, . , „ . .• P -1 • 

86; 1893, XXL, which Trial Justices shall receive as compensation for their ser- 
vices in criminal cases, and on inquests when acting as Coroner, 
in lieu of all costs and fees, annual salaries as follows : One Trial 
Justice at Darlington, to receive a salary of three hundred dol- 
lars; one at Lamar, to receive a salary of one hundred and fifty 
dollars ; one at Lydia, to receive a salary of one hundred and fifty 
dollars ; one at Ashland, to receive a salary of one hundred and 
fifty dollars ; and one Trial Justice at Society Hill, to receive a 
salary of one hundred and fifty dollars. 

Each of said Trial Justices are authorized to appoint a person 
to act as Constable in serving and executing all process issued by 
him, who shall give the bond and take the oath required by law. 
The Constables so appointed shall receive as compensation for 
their services the fee at present allowed by law. 

The salaries herein provided shall be due and payable quar- 
terly, upon the order of the County Supervisor of said County. 

Each of said Trial Justices shall collect and pay over to the 
County Treasurer all costs and fees in criminal cases to which he 
would have been entitled but for the provisions of this Section, 
together with all fines collected by him, and shall, at least ten 
days prior to each term of the Court of General Sessions for the 
County, make out and file with the Clerk of Court a sworn tran- 
script of his criminal docket, which shall show the amount of 
fees and costs and fines imposed, and the sums collected thereon, 
which transcript shall be submitted to the Grand Jury, at the 
term next ensuing, for investigation. 

Note.— This Section goes into effect at the expiration of the term of the 
present inciunbente. 



OF SOUTH CAROLINA. 297 

' A. D. IKOJ. 

P\\IKFIELI) CorXTY, """" ''^^ 

Sec. 868. I'l'i" ("oinity of l-'airlicld is dividi'il into thirteen KuirOciu 
.Tiulicial Districts. The First District embraces Feasterville '"k^c, x i x.. 
township; the Second District embraces Rock Creek townshij) ; ill'^jj^^fff^'^,;; 
tlu' Tiiird District embraces Hrico towiisliip ; the Fourth District ^^ 'jl^l ]^^' 
■ embraces Jackson Creek townsliip ; the Fifth District em))race8 
Ghuldeii's Grove townsliip ; the Sixth District embraces Wateree 
township ; the Seventh District eml)races Mount Zion and Oak- 
land townships ; the Eighth District embraces so much of Hidgc- 
M'ay and Bear Creek townshi])s as indicated by the following 
boundaries to wit : beginning at a point in Bear Creek town- 
ship on the line between the Counties of Kershaw and Fairfield 
at the residence of W. Perry ; then in a straight line in Xorth- 
erly direction by way of the residence of J. B. Cloud ; thence 
along the public road in Xorth and Northwesterly direction by 
way of the residences of F. M. L. Duke, J. D. Joiner and others 
to the old Johnson place, there cornering and running in West- 
erly direction by the neighborhood road leading to Dr. Camp- 
bell's ; thence Westerly by way of residence of Mrs. Craig, John 
Taylor and others, shortest public or neighborhood road, to the 
Poor Plouse of Fairfield County on boundary line between Ridge- 
way and Greenbrier townships ; then cornering and running 
South along the line between said townships to lines separating 
the Counties of Richland and Fairfield ; then cornering and run- 
ning East on said line separating said Counties to starting point 
at or near the residence of the said W. Perry. The Ninth Dis- 
trict embraces Simpson township and the portions of Ridgeway 
and Bear Creek townships lying to the North and Northeast of 
the territory embraced in the Eighth District heretofore described. 
and not included in said district ; the Tenth District embraces 
Greenbrier township ; the Eleventh District embraces Horeb 
township ; the Twelfth District embraces Jenkinsville township, 
and the Thirteenth District embraces all of Bear Creek township 
except that portion thereof lying North of the road leading from 
H. L. Compton's to Nelson's Mills and A\'est of Bull Neck road. 
One Trial Justice shall be appointed for each of said Judicial 
Districts, who must reside or hold his office within the limits of 
his district, except the Trial Justice for the Seventh Judicial r)is- 
trict, who must reside at Winnsboro, in said distriit. They 
shall have exclusive jurisdiction within the limits of their re- 
spective districts in all prosecutions triable by them, and in 



:>98 CIVIL STATUTE LAWS 

A. D. 1894. 

'"^""'^ prosecutions cognizable by the Court of Sessions they shall have 

jurisdiction throughout the County. But prosecutions may be 
removed from one Trial Justice to another for the causes and 
in the manner now provided by law, and nothing contained in 
this Section shall be construed to interfere with the endors-ing 
of warrants by a Trial Justice in order to authorize their execu- 
tion, or with the execution or service of warrants and other 
papers in any portion of said County, or with the jurisdiction of 
two Trial Justices sitting together in cases now provided by law. 
Each may aj)point one person to act as his Constable in serving 
and executing such process as he may issue. 

The compensation of each of said Trial Justices, except for 
the Judicial Districts of Winnsboro, Ridgeway and Blythewood, 
shall be fifty dollars each per annum, and the Trial Justice of 
the Judicial District of Winnsboro shall be one hundred and fifty 
dollars per annum, and for the Judicial District of Ridgeway 
one hundred dollars per annum, and for the Judicial District of 
Blythewood fifty dollars per annum ; the above compensation to 
be the full amount to be paid for each of said Trial Justices for 
all services in all criminal causes, to be paid quarterly by the 
County Treasurer upon the warrant of the County Supervisor. 
Each of said Trial Justices shall have the power to appoint 
one Constable for the service of all processes issued by them, 
civil and criminal, who shall receive fifty dollars each per annum 
in lieu of all fees and costs in criminal cases, except the Con- 
stable in the Judicial District of Winnsboro, who shall receive 
seventy-five dollars per annum ; and the Constable of the Judicial 
District of Ridgeway, who shall receive seventy-five dollars per 
annum ; and the Constable of the Judicial District of Blythe- 
wood, who shall receive fifty dollars per annum ; the compensa- 
tion of Constables to be paid as now provided for by law. 

The provisions hereof shall not take effect until the expiration 
of the terms of office for the present incumbents, December, 
1895. 

The Sheriff of the County may be authorized to serve and ex- 
ecute process in all criminal prosecutions cognizable by the Court 
of Sessions. 

Each of said Trial Justices shall collect and pay over to the 
County Treasurer of the County all costs and fees to which he 
or the Constable employed or appointed by him would have been 
entitled but for the provisions of this Section, together with all 
fines collected ; and shall at least ten days prior to each term of 



OF SOUTH CAROLINA. 209 

A.D. 1W»I. 

the Court of (iciK ral Sessions for the ('oiiiity iniikc out ami file ■ " 

witl) the Clerk of siiid Court a eertified tninscript of his eriminal 
docket, which shall show the amount of fees, costs and lines im- 
posed and the amount collected thereon. 

Florence County. 
Spc 869 No 'Trial Justice in Florence County shall he al- Florence 

QCU. wvi/. •' . . County. 

lowed pay for more than three recognizances in any criminal case i^m, xx., iti, 
where the costs are to he paid by the County : Provided, Jtoirever, li^\ ^^.' fm\ 
That this shall not be so construed as to relieve any Trial .Justice ^^••''''^• 
from the duty of taking and filing all necessary recognizances in 
every case. 

Georgetown County. 

Sec. 870. {SI4.) Six Trial Justices shall be appointed for Georgetown 
the County of Georgetown, one of whom shall reside in the i^xix.. 702, 
town of Georgetown, one in the village of Plantersville, one in r^-jV^jhVo; 
the Northern, one in the Eastern and two in the Southern section xx- ^, \^Y^ 
of said County. Their jurisdiction, both civil and criminal. xx^.iatK; iwo. 
shall extend over the whole County. Each may appoint a per- 
son to act as Constable in serving and executing process issued 
by him. The salaries of said Trial Justices and their Constables 
shall be as follows : The Trial Justice residing in the town of 
Georgetown, two hundred dollars ; the Trial Justice residing in 
the village of Plantersville, and the one in the Southeastern or 
Santee section, one hundred and twenty-five dollars, and each of 
the other Trial Justices seventy-five dollars per annum. Each 
of the Constables appointed by sjiid Trial Justice shall receive 
the sum of fifty dollars per annum, except the Constable 
appointed by the Trial Justice residing in the town of George- 
town, who shall receive a salary of two hundred dollars ])er 
annum, and the Constable ajipointed by the Trial Justice resid- 
ing in the village of Plantersville, who shall receive a salary of 
seventy-five dollars per annum ; and the salaries of all the said 
Trial Justices and Constables shall lie in lieu of all fees, costs 
and charges in criminal cases. 

The Sheriff of said County shall be required to act as Con- 
stable for the Trial Justice residing in the town of Georgetown 
without additional compensation ; but no Trial Justice for saiid 
County residing outside of the town of Georgetown shall issue 
any warrant or other process to the Sheriff of said County in 



300 CIVIL STATUTE LAWS 

A. D. 18W. ^ 

""■^ — Y any ease triable by him. Tlie Sheriff may be authorized to 

serve and execute process issued by any of said Trial Justices in 
criminal prosecutions cognizal)le by the Court of Sessions, and 
shall receive therefor the fees allowed by law for such services. 

The Trial Justices so appointed shall each give a bond of five 
hundred dollars, and each Constable a bond of two hundred and 
fifty dollars, with good and sufficient surety, for the faithful 
performance of their respective duties, said bonds to be ap- 
proved, by endorsement thereon in writing, by the Judge of the 
Third Circuit. 

The County Board of Commissioners of said County must set 
aside out of the County funds a sum sufficient to pay the sal- 
aries herein provided, the same to be paid quarterly. Any fail- 
ure on the part of the County Board of Commissioners or the 
County Treasurer to comj^ly with this requirement shall be a 
misdemeanor, the penalty for which shall be fine or imprison- 
ment, or both, in the discretion of the Court. 

Each of said Trial Justices shall collect and pay over to the 
County Treasurer of the County all costs and fees to which he 
or the Constable employed or appointed by him would have been 
entitled but for the provisions of this Section, together with all 
fines collected ; and shall, at least ten days prior to each term of 
the Court of General Sessions for the County, make out and file 
with the Clerk of said Court a certified transcript of his criminal 
docket, which shall show the amount of fees, costs and fines 
imposed, and the amount collected thereon. 

If either of said Trial Justices shall neglect to attend to the 
duties of his office, or shall be guilty of extortion or oppression 
in office, or shall fail to pay over, as required by this Section, 
the costs and fines collected by him in his office, he shall be liable 
to indictment therefor, and upon conviction thereof shall be 
imprisoned for a period of not less than six months nor more 
than one year, or be fined in a sum not less than fifty dollars nor 
more than two hundred and fifty dollars, either or both, in the 
discretion of the Court. 

Hamptox Couxtt. 

Hampton Sec. 871. {S03.) Six Trial Justices shall be appointed for 

^"ssft'^xx -36 Hampton Count}^ one for each township, who shall reside 

971- mV^'^'' tJ^^rein. The salaries of said Trial Justices shall be as follows : 

isi,' ' ■' For Coosawhatchic township, one hundred dollars ; for Goethe 

township, one hundred and twenty-five dollars ; for Lawton 



OF SOUTH CAROLINA. 301 

■ A.D. IKM. 

tuwiisliip, uiK' IiuihIixmI and lifty (lollar.s ; fui' I'eeples town- ' 

ship, one hundicd ami fifty dollars; for I'ocatali^o townKJiip. 
one himdred dollars ; for Robert township, one hundred and 
twenty-five dollars. Jlach of the Trial Justices so appointed 
shall be authorized and ein})owered to a])point and employ a per- 
son to act as Consttible, who shall receive as compensation for 
his services tlie sjime amount as that received by the Trial Justice 
makinjj^ such apijointmcnt. Said salai-ies shall be jiaid fpiarterly 
by the County Treasurer in equal installnients upon Ihe war- 
rant of the County Supervisor, and shall be in lieu of all costs 
and fees in criminal cases. The costs and fees to which said 
Trial Justices and Constables would have been entitled but for 
the provisions of this Section shall be collected and paid over to 
the County treasury of said County, together with all fines col- 
lected. And each of said Trial Justices shall, at least ten days 
prior to each term of the Court of General Sessions for the 
County wherein he resides, make out and file with the Clerk of 
said Court a certified transcript of his criminal docket, which 
shall show the amount of fees, costs and fines imposed and the 
amount collected thereon. 

If any Trial Justice or his Constable shall receive any compen- 
sation for discontinuing or compromising any criminal case, it 
shall be deemed sufficient cause for forfeiture of his office ; and 
if any such charge should be substantiated the Governor shall 
at once remove him and appoint a successor. 

Each of said Trial Justices and Constables shall enter into 
bond, in the penal sum of two hundred and fifty dollars, Avith 
security, to be approved by the County Board of Commission- 
ers of said County, for the faithful performance of his duties. 

In cases of breach of the peace the jurisdiction of Trial Jus- 
tices now or hereafter to be appointed for the Counties of Beau- 
fort and Hampton resident at or near Hardeeville, Yemassee and 
Ridgeland is extended over both said Counties to the limit of 
one-half mile in each and every direction from the Charleston 
and Savannah Railway depots at said places. 

Kershaw County. 



Sec. 872. l''ive Trial Justices shall be appointed for the 



Kershaw 



Couutv ot Kershaw, who shall be commissioned as follows : One t^«"n*^- 

. ,' , ,, , , 1 1, 1 1 • ft. • -1 . 1S80, XIX., 492; 

for the town of Camden, who shall keep his oince in said town ; i xsr. x i x., 

two for the Northern section of said County, one to be located in siii. 

the vicinity of Flat Rock and one in the vicinity of Liberty Ilill ; 



303 CIVIL STATUTE LAWS 

A. D. IKU. 

one for the Eastern section and one for tlie Western section of 
said County. 

Instead of the fees heretofore allowed by law to Trial Justices 
for criminal proceedin<;s, and heretofore payable to them by the 
County, each of said Trial Justices shall be allowed a salary as 
follows : The Trial Justice for Camden, two hundred dollars, 
and those for the Northern, Eastern and Western sections of the 
County forty dollars each, which salaries shall be payable quar- 
terly out of the County funds in the County treasury ; and no 
account or claim other than for such salary shall be preferred 
by, or allowed or paid to, auy of said Trial Justices by the said 
County on account of criminal proceedings. 

Each Trial Justice so appointed is authorized to appoint and 
employ a person to act as Constable ; and the Trial Justices for 
the Northern, Eastern and AVestern sections of said County shall 
each receive from the said County, in addition to his salary, a 
sum of money not to exceed fifty dollars per annum, payable 
quarterly, to be used by him in compensating such person or per- 
sons as may be appointed and employed by him as Constable, if 
so much be necessary ; and the Trial Justice for the town of 
Camden shall in like manner receive the sum of two hundred 
dollars to be used by him in compensating such person or per- 
sons as may be employed by him as Constable, if so much be 
necessary ; and no person shall receive, as compensation for his 
services as Constable, any sum of money from the County, or 
from any person, for any service rendered by him in any criminal 
case, under such appointment or employment, except as herein 
provided. In criminal prosecutions, cognizable by the Court of 
General Sessions, and when arrests in any case are made beyond 
the limits of the County, the Sheriff of the County may be 
authorized to serve and execute process, and he shall receive 
therefor the same fees are now or hereafter may be allowed by 
law for such services. 

All costs and fees heretofore received by Trial Justices in 
criminal proceedings shall, if any such be collected, be paid into 
the County treasury, as is now provided for the payment of fines 
collected. The County Treasurer is hereby instructed to set 
aside annually out of the County funds a sum sufficient to pay 
the salaries herein provided for. 

Said Trial Justices when called upon to act as Coroner shall 
receive, in addition to their salai'ies, the fees allowed by law to 
Trial Justices in such cases. 



OF SOUTH CAROLINA. 




I.AIKKNS COI-NTY. 

Sec. 873. ' !'»' lillinlifi- of 'I'riul .histices for fiimrt'ns County Lauren« County 
shall not exceed twelve ; one for euch of the towiishipn of Cross jrl^^iu.^xx!! 
Hill, Hunter's, Jack's, Sculfletown, Sullivan's and ^'oung's, and i^'^j i^i'^xC 
tuo for each of the townships of Laurens, Dial's and W aterloo. **'• 
Each shall receive from the County, as comi)ensation for his ser- 
vices, and in lieu of costs and fees in criminal cases, the sum of 
fifty dollars per annum, payahle at the end of each quarter, in 
equal installments, ujxm (he warrant of the County Sui)ervisor, 
exce})t that the two Trial .Justices for the township of Laurens 
and the Trial Justice at Clinton shall each receive one hundred 
dollars, to he jjaid them as hereinliefore directed. 

Each of the said Trial Justices shall he authorized and em- 
powered to appoint and employ a person to act as Consta])le, 
who shall receive from the County, as compensation for his 
services, the same amount as that received hy the Trial Justice 
making the appointment, and payable in the same manner, and 
such Constable shall not receive any sum of money from the 
County, or from any person, for any service rendered by him in 
any criminal case, under such employment or appointment, ex- 
cept as herein provided. In criminal prosecutions cognizable by 
the Court of General Sessions, the Sheriff of the County may 
be authorized to serve process, and shall receive therefor the 
same fees as are now, or hereafter may be, allowed by law for 
such services. 

Each of said Trial Justices shall collect and pay over to the 
County Treasurer all costs and fees to which he or the Constable 
employed or appointed by him would have been entitled but for 
the provisions of this Section, together with all lines collected ; 
and shall, at least ten days prior to each term of the Court of 
General Sessions, make out and file with the Clerk of said Court 
a certilied transcript of his criminal docket, which shall show 
the amount of fees, costs, and fines imposed, and the amount 
collected thereon. 

Lexington County. 

Sec. 874. 'i'he County of Lexington is divided into six Judi- i^jin„,on 
cial Districts. The First District embraces Saluda. Hroad iJiver f"""^*- 
and Fork townshii)s ; the Second District embraces Lexini,'ton io,\s;'i.'^. xx!! 
and Hollow Creek townshi])s ; the Third IMstrict cndiraces (iil- 4tti.' 
bert Hollow and Chinqucpin townships ; the Fourth District 



304 CIVIL STATUTE LAWS 

A. D. IWM. 

""" — V eiiihruL-es Boiling Sj)rings and Black Creek townsliips ; the Fifth 

District embraces Congaree and Piatt Springs townships : and 
the Sixtli District embraces Bull iSwamp and Sandy Run town- 
ships. Two Trial Justices shall be appointed for the First Dis- 
trict, and one for each of the other five districts, who shall be 
residents of the districts, respectively, for which they are ap- 
pointed. They shall have exclusive jurisdiction, within the 
limits of their respective districts, in all prosecutions triable by 
them, and in prosecutions cognizable by the Court of General 
Sessions they shall have jurisdiction throughout said County ; 
but prosecutions may be removed from one Trial Justice to 
another for the causes and in the manner now provided by law. 

Instead of the fees heretofore allowed by law to Trial Justices, 
and payable to them by the County, said Trial Justices shall be 
allowed, as compensation for their services, in lieu of all fees and 
costs in criminal cases, annual salaries, payable out of the County 
funds, quarterly, as follows : The two Trial Justices for the First 
and those for the Fourth and Sixth Districts, each the sum of 
fifty dollars ; those for the Third and Fifth Districts, each the 
sum of seventy-five dollars ; and one for the Second District, the 
sum of one hundred and fifty dollars. The Constables ap- 
pointed by said Trial Justices shall receive from the said County, 
quarterly, in lieu of all fees and compensation, the sums follow- 
ing, to wit : Those for the First, Fourth tmd Sixth Districts, 
seventy-five dollars per annum ; and those for the Second. Third 
and Fifth, the sum of one hundred dollars per annum ; but should 
any of the said Constables not perform any duty required of him, 
the Trial Justice is authorized and required to employ some one 
else to perform such duty, and the amount paid for such services 
shall be deducted by the County Board of Commissioners from 
the salary of the Constable who should have performed the ser- 
vices. 

In cases cognizable by the Court of General Sessions, when 
the Sheriff is called upon to serve process, he shall receive the 
same compensation therefor as now or hereafter provided by law 
for like service in his office. 

Each of said Trial Justices shall collect and pay over to the 
Treasurer of said County all fees and costs which he or the Con- 
stable employed or apjiointed by him would have been entitled 
to but for the provisions of this Section, and shall, at least ten 
days prior to each term of the Court of General Sessions for 
said County, make out and file with the Clerk of said Court a 
certified transcript of his criminal docket, which shall show the 



OF SOUTH CAKOI.IXA. 305 

amount of fees nnd costs taxed in each case and the amount ' ~^ ^ 
collected thereon. 

^Iauiont C'orxTY, 

Sec. 875. (W.jf.) For Clarion County Trial Justices Marion county, 

shall bo appointed, of whom two shall be located at Marion i^r)^{^^%' 
Court House, and the others distributed as the convenience of ?**5 '"'*•, ^*- 

109-171. I L. 

the County may demand. The Trial Justices at Marion Court 
House shall each receive a salary not exceeding two hundred and 
fifty dollars per annum, if so much be found necessary, upon the 
examination of their accounts by the County Board of Commis- 
sioners of the County ; and each of the other Trial Justices sluill 
receive a salary not exceeding sixty dollars per annum, if so 
much be found necessary, upon like examination of his accounts. 
Said salaries shall be in lieu and stead of all fees and costs, as 
well against said County as against defendants in State cases. 

Constables of said Trial Justices shall each receive a salar}-^ not 
exceeding the sum of fifty dollars per annum, if so much be 
found necessary, upon examination of their accounts by the 
County Board of Commissioners of said County, in lieu of all 
costs and fees, either against the County or defendants in State 
cases. 

Said Trial Justices shall make a report every month to the 
County Auditor of all fines (and costs where collected for Shcritf) 
collected by them, and pay over the same forthwith to the 
County Treasurer in the manner now required by law. 

Marlboro County. 

Sec. 876. (SOS, 818.) Eight Trial Justices shall be appointed Marlboro 
for the County of Marlboro, one of whom shall reside at Ben- *^"^f' xy,i, 
nettsville, and the others be distributed as the convenience of ^: ibl^xYi" 
the County may demand. Each shall receive a salary of sixty **'• 
dollars per annum, except the Trial Justice resident at Bennetts- 
ville. who shall receive a salary of two hundred dollars per 
annum, payable in equal quarterly installments upon the warrant 
of the County Supervisor of said County from a sufficient sum 
to be set apart by him for the purpose ; which said salaries 
shall be in lieu and stead of all fees and costs in State cases, as 
well against said County as against defendants, for services 
rendered. 

Constables of said Trial Justices shall each receive a salary of 
20—1 




CIVIL STATUTE LAWS 



twenty-five dollars per annum, in lieu of all costs and fees either 
against the County or defendants in State cases. 

S:ii<l Trial Justices shall make a monthly report to the County 
Auditor of all costs and lines collected by them and pay over the 
same forthwith to the County Treasurer in the manuer now re- 
quired l)y law. 

Xewberry County. 

Newberry Sec. 877. Seven Trial Justices shall he appointed for the 

i ^, XIX urn; t'ounty of Xewberry. One of said Trial Justices shall reside in 

gs^'iJr^xix.! ^^^® town of Newberry ; one in the town of Prosperity ; one 

800; 1892. XXI., iQg.^^^gfj in cach of the following townships, viz.: Number 4, 

Number ."), Number 6, Number 7, Number 8, Number 10 and 

Number 11. The Trial Justices at Newberry and Prosperity 

shall each receive a salary of one hundred dollars ; each of the 

others shall receive a salary of forty dollars. These salaries shall 

be in lieu of all fees and costs of Trial Justices in criminal cases. 

OcoxEE County. 

Oconee conntv. Sec. 878. There shall be eleven Trial Justices, if so many 
Tii'^i^l^r^xix" shall be necessary, appointed by the Governor, with the advice 
J^!^*'"*-'^'^^^- and consent of the Senate, for the County of Oconee, one of 
whom shall reside in or near the town of Walhalla, one in or 
near Seneca City, and one in or near Westminster. The Trial 
Justice residing in or near the town of Walhalla shall receive an 
annual salary of one hundred dollars ; the one in or near Seneca 
City, and the one in or near Westminster, each shall receive an 
annual salary of fifty dollars. There shall be two Trial Justices 
in Centre townshii?, and the one at or near Fairi)]ay shall receive 
an annual salary of forty dollars, the one at or near Oakway shall 
receive an annual salary of forty dollars, the one in Pulaski 
township shall receive an annual salary of thirty-five dollars, 
and the other Trial Justices an annual salary of twenty dollars 
each ; said sums to be the full and only compensation to be 
received by them in criminal cases. 

Pickens County. 

Pickens County. S3C. 879. {803.) Eight Trial Justices, if so many be neces- 

8o'-^^8S.?^ix ' '^^J' shall be appointed for the County of Pickens. They shall, 

iKo, §3. [xi compensation for their services in all criminal business, 

receive salaries as follows : The Trial Justices for Easlev and 



i 



OK SOt'TII (\i:oLI.\.\. 307 

" ~ A. D. IWM. 

Contnil townships, each one linndrod and twenty-five dollars per """■ — -^"^ 
annuin ; the Trial Justices Tur l.iln ily ;iii<l Pickens C. JI. town- 
sliips, each one hundred doihirs per aniimii ; and the Trial 
Justices for Hurricane, Eastatoe, Dacusvillc and I'unipkintown 
townships, each fifty dollars per aiiniini ; which salaries shall he 
paid (juartcrly upon the orders of the County Suj)ci vis(jr. 
Any of said Trial Justices who shall receive (jr dcnia!)d any other 
fee or compensation for the services in any criniinal l>usines8 
shall he guilty of a misdemeanor. 

Richland County. 

Sec. 880. {,^03, 817. ) Eleven Trial Justices shall he appointed n i o „ i a n <i 

for the County of Richland — one at Eastover, Adams Cut, Camp ^^"'- ^ 

Ground, Killian's, Davis's, Garner's, Gadsden, Hopkins, and at 
or near the Wateree, respectively, and two in Columhia. 

The two Trial Justices appointed for the city of Columhia 
shall reside in said city, and keep their offices there, which shall 
he open from day to day for the transaction of business, and in 
locations convenient to the people. 

Instead of the fees heretofore allowed by law for the Trial Jus- 
tices in the said city, each shall be allowed a salary of eight hun- 
dred dollars per annum, payable quarterly, on the first day of 
January, April, July and October, by the County Treasurer of 
said County, out of the County funds ; and all fees taxed and 
recovered in criminal causes in the Courts of said Trial Justices 
shall be forthwith turned over to the County Treasurer of said 
County. 

The Trial Justices appointed for the city of Columbia may 
each appoint one Constable, and no more, to serve the processes 
of their respective Courts, removable at ]ileasure ; the Constables 
so appointed shall each receive a salary of three hundred dollars 
per annum, to be paid as hereinbefore provided. 

If eitlier of the Trial Justices appointed for the city of Colum- 
bia shall neglect to attend to the duties of his oflice, or shall be 
guilty of extortion or oppression in office, or shall fail to \k\\ 
over, as required by this Chapter, the fees and fines collected by 
liim in his office, he shall be liable to indictment therefor, and, 
on conviction, shall be liable to imprisonment for two 3'ears, or a 
fine of one thousand dollars, or both, within the discretion of 
the Court. 



;]08 CIVIL STATUTE LAWS 

A. D. 1891. 

' ■,' — ' Spartanbtro County. 

Spartanburg ScC. 881. 'I'liG Govemor is hereby authorized to appoint an 
* "is^a*^ xvin *if^*^itional 'I'riai Justice in Spartanburg County, to reside at or 
347; jssi, jh.] iicj^. Hobbv's, iu said County, \vho shall have same jurisdiction 

•JOO; IHW. XX.. - - . . ■". 

;i78, SI; 1SS7. juul receive the same pay as other Trial Justices in said County. 

XXI., 3.51 ; 1898. The juHsdiction of the Trial Justice at Cross Anchor, m said 
County, shall extend over and be confined to the follo^ving limits 
in rnion County, to ^vit, that portion of Union Connty situate 
and being between Enoree and Tyger Kivers and five miles from 
the Spartanburg and Union line between said rivers, and shall 
have general jurisdiction in Spartanburg County. The jurisdic- 
tion of the Trial Justice at Cross Keys, Union County, shall, in 
addition to his jiresent jurisdiction, extend also over so much of 
Spartanburg County as is within seven miles from said Cross 
Keys. 

The two Trial Justices ai^pointed for the city of Spartanburg 
shall reside in said city and keep their offices therein. They shall 
each receive a salary of one hundred and seventy-five dollars per 
annum, in lieu of all other charges of whatever kind against the 
County or State, payable quarterly by the County Treasurer upon 
a warrant issued by the County Supervisor against such funds as 
may be on hand for such purj^ose ; said salary to be paid after 
a verified quarterly report has been made to the said Board of 
all fees, costs and fines received, and that the same have been 
paid over to the County Treasurer. 

The said Trial Justices appointed for said city shall each be 
allowed one Constable, who shall be qualified in writing faith- 
fully to discharge their duties as such Constables ; each of them 
shall receive a salary of one hundred and fifty dollars j^er annum, 
payable quarterly by the County Treasurer upon the warrant 
drawn by the County Supervisor against any County funds 
available for that purpose ; and the said Constables shall not 
receive any sum of money for services rendered by them in any 
criminal case under such employment or appointment, except 
as herein provided ; but nothing herein contained shall prevent 
said Trial Justices, in case of emergency, from directing their 
warrants to the Sheriff of the County, who shall execute the same 
and be entitled iu such cases to receive therefor the fees now 
allowed by law. 

The Trial Justice located at Greer's, in Greenville County, shall 
have general jurisdiction in the Counties of Greenville and Spar- 
tanburg. 



OF SOUTH CAROLINA. -ul) 

'■ " A. t). HUI. 

Union County. " '^"^ 

Sec. 882. I'^lt'Vcii Trial .lusticcs shall Ix- :ij)iii.iiil( <l for riiioii union Coumv. 
County, one for Union township and one for each of the other j,',|f"|^;^x]['| 
townships in said County, who must he residents thereof respect- •]j'5|* "tV'' }wli' 
ively. l^acli Trial Justice shall have exclusive jurisdiction within ^^^' '^^\'' ^^''''*' 
the limits of his owji townshi[) in jirosecutions triahle l)y him, 
except in Union township, where the jurisdiction of the two Trial 
Justices therein shall be concurrent, and in prosecutions cogni- 
;:al)le l)y the ('ourt of (ieneral Sessions each Trial Justice shall 
have jurisdiction throughout the County. The Trial Justice at 
Union shall keep his oftice open daily, and shall receive a salary 
of three liundrcd and fifty dollars j)er annum in lieu of all costs 
and foes in criminal cases, payable at the end of each quarter, in 
equal installments, by the County Treasurer, upon the warrant of 
the County Supervisor, The said Trial .Justice is authorized to 
appoint a Constable. 

The other Trial Justices are hereby allowed to retain usual 
Trial .Justices' and usual Constables' costs out of fines collected 
by them in criminal cases within their jurisdiction, or so much 
of said fines as may be necessary as compensation for their ser- 
vices and for their Constables' services in such cases, and any 
and all fines collected by them in excess of their costs and their 
Constables' costs shall be in such case paid over to the County 
Treasurer. The said Trial Justices shall make out an itemized 
statement, verified by their oath, of all of their services, and of all 
of their Constables' services, in criminal cases above their juris- 
diction to hear and determine, and in all those cases within their 
jurisdiction in which they have been unable to collect costs on 
fines, and these bills shall constitute their bills of nuna bona costs, 
which the County Board of Commissioners of said County are 
authorized and required to pass upon after the same have been 
approved by the Solicitor of the Circuit, and to order paid if 
found correct : Provided, however. That no such bill of nulla 
bona costs shall be approved or ordered paid for more than thirty- 
five dollars per annum for each of the other Trial .Justices in said 
County ; and the Constable at Union shall receive a salary of two 
hundred and fifty dollars, payable as the salary of the Trial Jus- 
tice at said place, and shall receive no other sums for criminal 
business ; and that the Constables' bills for nulla bona costs shall 
not be approved or ordered i)ai(l for more than fifty dollars per 
annum for eadi of (lie other Tiial Justices' Constables in said 
County. 



•no CIVIL STATUTE LAWS 



' ■ Each of said Trial Justices siiall, at least ten days prior to 

eaeli term of tlie Court of (Jeneral Sessions for said County, 
make out and file with the Clerk of said Court a certified tran- 
script of his criminal docket, which shall show the amount of 
his fees and costs taxed in each case and the amounts collected 
thereon. 

York County. 

York County. Scc. 883. Tlie County of York is hereby divided into ten 
rl^o^^ l$- •Indicia] Districts, as follows : The First District shall embrace 
'•'■-. 8"- Cherokee township. The Second District shall embrace Broad 

River township. The Third District shall embrace Bullock's 
Creek township. The Fourth District shall embrace Bethesda 
township. The Fifth District shall embrace Y'ork township. 
The Sixth District shall embrace King's Mountain township. 
The Seventh District shall embrace Bethel township. The 
Eighth District shall embrace Fort Mill township. The Ninth 
District shall embrace Ebenezer township outside the incorpo- 
rate limits of the town of Eock Hill. The Tenth District shall 
embrace Catawba townshii) and that portion of Ebenezer town- 
ship lying within the incorporate limits of the town of Eock 
Hill. 

That said Trial Justices shall each receive from said County 
as compensation for their services, and in lieu of all fees and costs 
in criminal cases, the following salaries per annum, payable quar- 
terlv, to wit : In the First District, the sum of one hundred and 
twent3'-five dollars ; in the Second, Third, Fourth, Sixth, 
Seventh and Ninth Districts, the sum of seventy-five dollars ; in 
the Eighth, the sum of one hundred dollars ; in the Fifth Dis- 
trict, the sum of two hundred and fifty dollars ; in the Tenth 
District, the sum of two hundred and fifty dollars. The said 
Trial Justices shall each receive from said County, in addition to 
his salary, to be used by him in compensating such person or 
persons as may be appointed or employed by him as Constable, 
the following sums, if so much be necessary, per annum, paya- 
ble quarterly : In the Second, Third, Fourth, Sixth, Seventh 
and Ninth Districts, the sum of seventy-five dollars ; in the First 
District, one hundred and twenty-five dollars ; in the Eighth 
District, one hundred dollars ; in the Fifth District, one hun- 
dred and fifty dollars ; in the Tenth District, two hundred and 
fifty dollars. And the said Constables, as well as the Sheriff of 



OP SOUTH CAKOFJXA. 311 

~ A. I). H!M. 



said ('i)mitv, shall n<il ivrcivo Jiiiy smii of iimiicy from sui«l 
County or from any person for any services rendered by liiin in 
any eriniinal ease under siieli a|)|)ointinent or etni)loynient e.\ee])t 
as herein provided. 

In all ])r<)secuti()ns trial)lo hy them, the said I'rial .Tustiees 
shall eaeh have exclusive jurisdiction within the limits (»f his 
own district, and in prosecutions cognizable by the Court of 
(ieneral Sessions they shall luive jurisdiction throughout said 
County ; but prosecutions may be removed from one Tiial Jus- 
tice to another for causes and in the manner now provided by 
1.1 w ; and a criminal prosecution originating outside of his dis- 
trict may be begun or heard by any one of the said Trial Jus- 
tices, in case the party seeking relief shall make and file with 
him an affidavit that the Trial Justice of the district where the 
case originated, or the offense prosecuted was committed, is inca- 
pacitated by sickness, absence, interest or otherwise to act. 
Nothing contained in this Section shall be construed to inter- 
fere with the endorsing of Avarrants by a Trial Justice in order 
to authorize their execution, or Avith the execution or service of 
warrants and other papers in any portion of the said County, or 
with the jurisdiction of two Trial Justices sitting together in 
cases now provided by law. 

Each of said Trial Justices shall collect and pay to the Trea- 
surer of said County all fees and costs to which he, or the Consta- 
ble appointed by him, would have been entitled but for the pro- 
visions of this Section ; and shall, at least ten days prior to each 
term of the Court of General Sessions for said County, make out 
and file with the Clerk of said Court a certified transcript of his 
criminal docket, which shall show the amount of his fees and 
costs taxed in each case, and the amounts collected thereon. 

Courts (if Trial Justices. 

Spc 884 (''>VW.) Either party to suit before a Trial Justice Parties en- 
shall ])e entitled to a truil by jury. by jury. 

Sec. 885. (<^*^^) In civil cases the parties may agree on a j^J'^g'^* ^ ' ^'•' 
jury ; but when they do not agree, and also in criminal causes. Parties may 
a jury shall be selected in the following manner : The Sheriff, jurj- m oivii 
Constable, or other officer appointed by the Trial Justice, shall jurii'saredrawu 
Avrite and fold up eighteen ballots, each containing the name of ^^^ *"• 
a respectable voter of the vicinity ; he shall deliver the ])allots 
to the Trial Justice, Avho shall put them into a box, and shake 
them together, and the officer shall draw out one. and the i>er- 



312 CIVIL STATUTE LAWS 

A. D. itm. ' " ~~~~ " 

"■"■ — y^~^ son so drawn shall be one of the jury, unless challenged by 
citlier party ; and the officer shall thus proceed until he shall 
have drawn six who shall not have been challenged ; neither 
party being allowed more than six challenges ; but if the first 
twelve drawn shall be challenged., and the parties do ncjt agree 
to a choice, the last six shall be the jury ; and when any of the 
six jurors so drawn cannot be had, or are disqualified by law to 
act in such case, and the parties do not supply the vacancy by 
agreement, the officer shall proceed to prepare, in the manner 
before directed, ballots for three times the number thus deficient, 
which shall be disposed of and drawn as above provided. 
Penalty onde- Sgc. 886. {'^4-^-) If any juror SO Summoned shall neglect or 
-'"^j^'^°* ^""^^' refuse to appear in obedience to such venire, and shall not, 
101, §7. within forty-eight hours, render to the Trial Justice who issued 

the venire a sufficient reason for his delinquency, he shall forfeit 
and pay a fine of two dollars to the treasury of the County where 
the cause is tried, to be assessed by such Trial Justice, and col- 
lected on his warrant, without other process. 
May punish Sec. 887. {S44-} Every Trial Justice shall have power to 
iwo^^xr^riic ^^if*^rce the observance of decorum in his Court while holding 
the same ; and for that purpose he is authorized to punish any 
person who shall, in the presence of the Court, offer an insult to 
himself or a juror, or who shall be willfully guilty of an undue 
disturbance of his proceedings while sitting officially, as for a 
contempt, by fine and imprisonment, either or both, not exceed- 
ing twenty dollars' fine and twelve hours' imprisonment. 

Special Provisions Relating to the City of Charleston. 

Courts In city Sbc. 888. {84^6.) Courts of Trial Justice shall be held in the 
specS^'roTi- '^^'^y ^^ Charleston by one at least of the Judicial Trial Justices 
sions. Qjj every dav of the week, except Monday, Saturday, Sunday, 

1870, XVn., 17; J .- J X' J ' ,. ' 

i»^,'x vi'ii.,' and public holidays, and may be held on any secular day. The 
place of holding such Court shall be provided by the County 
Commissioners of Charleston County. 
jj, . 18 8 2^ ^« "^'he said Courts shall have exclusive jurisdiction of all 

xvui.,9],i4. cases properly triable before Trial Justices in which the defend- 
ant or a majority of the defendants shall reside within said city, 
or within the late Parish of St. Philip's outside of said city and 
North of Line street. And they shall not have jurisdiction of 
any such cause when the defendant or a majority of the defend- 
ants shall not reside within said city or said Parish, unless the 
non-resident defendant or defendants consent thereto in writing : 



OF SOtTTH CAROLINA. 313 



A. D. 18M. 

Providnl, Tliut nothin<^ hert-iii contained sliall apply wlicii the '" — ^-^"^ 
tlefcndunt or defendants are non-residents in this State. 

Ji. AH cases of landlord and tenant, and all cases respecting iwru, xvii., it. 
the unlawful lioldinji; (»t" lands, tenements, or hereditaments, 
arisin<f in said city, which under the laws of this State may be 
heard and detorniined by a Trial Justice or Justices, shall be 
heard and determined in the said Court only. 

C. All summons and other process for the Courts of Trial iK78,ivL.0M', 
Justices iu civil cases shall be issued exclusively by one of the'^" 
Ministerial Trial Justices. 

D. Any party in any cause in said Court, civil or criminal, //,..}.}. 
shall be entitled, to a jury, if he demand one previous to the 

trial, to be drawn by the presiding Justice, and in the mode now 
provided by law as governing the drawing of juries in Trial Jus- 
tices' Courts. 

E. In all cases in wliich the State is a party, the trial before ~ a^i^ " 

the Trial Justice Court shall be conducted and the State be rep- 
resented by a Ministerial Trial Justice, unless the Solicitor of 

the Circuit be in charge thereof. 

F. It shall be the duty of the Judicial Trial Justices, on the ib.^i^. " 
first day of each term of the Court of General Sessions of 
Charleston County, to report in writing, under their hands and 

seals, to the presiding Judge of said Court : 

First. The number of Ministerial Trial Justices in the said 
city of Charleston. 

Second. The number of cases, civil and criminal, brought by 
each of them in their Courts. 

Third. The number of days on which, during said interval, 
the Court has had its session. 

Fourth. The amounts of fines imposed in said Courts and the 
names of the persons fined. 

Fifth. The number and the names of the cases on which the 
docket fee has been imposed and those in which it has been paid. 

G. The said Courts of Trial Justice shall have full power aiul //,.,{«. 

authority to punish for contempt committed during the session 

thereof, and if in the presence of said Court, and for such con- 
tempt to imjjose punishment by fine not exceeding twenty dol- 
lars and imprisonment not exceeding twenty-four hours, either 
or I)oth ; but no such contempt shall be punished except upon 
and after hearing a rule to show cause, served personally ujion 
the person charged therewith, said rule to be returnable not less 
than twenty-four hours from the service thereof. 



314 CIVIL STATUTE LAWS 




//. Appeals sliall be from the said Courts of Trial Justice in 
all eases now allowed by law for appeal from the ordinary Trial 
Justices' Courts, to be prosecuted in the same manner and under 
the same ro<rulati()ns as therein j)rescribed. 

i/».. «s ^- -'^^^ judgments in the said Court shall be entered as follows : 

The Clerk of said Court shall make up a judgment roll, consist- 
ing in each case of the warrant or summons and finding of the 
Court, and shall enter the same in a book kept by him for that 
purpose, specifying the name of the plaintiff, the name of the 
defendant, the amount of the fine or verdict and the amount of 
the costs, with the date of the entry ; said judgment roll to be 
made up and entered witliin twenty-four hours after the verdict 
is found, and shall be signed by 'the presiding Justice. For his 
services in entering up such judgment, except in State cases, he 
shall be entitled to demand and receive from the party entering 
up the same the sum of twenty-five cents, which shall be charged 
among the costs of the case. 

"iTjTi^a: ^' ^^^ executions issuing upon judgment in said Court shall 

be signed by one of the Judicial Trial Justices and be counter- 
signed by the Clerk, and shall be directed to all and singular the 
Constables of said County, and in every other respect shall be 
governed by the same rules as now jjertain to executions issued 
by Trial Justices. 

j^^ g^Q L. In case of the disability, inability from any cause, absence 

from the State, death, or resignation, of a Judicial Trial Justice, 
. his place shall be filled until such disability or inability has been 
removed, or until the return of such Judicial Trial Justice, or 
until his successor has been appointed and qualified, by the 
Ministerial Trial Justice of said County resident in the city of 
Charleston oldest in commission ; and in case one or more of 
such Ministerial Trial Justices shall hold commission of equal 
date, then the Ministerial Trial Justices in said city shall elect 
which of them shall serve. 

J/. In all cases in which it may be required l)y law that the 
decision shall be rendered by two Trial Justices, such cases shall 
be heard and determined by the Judicial Trial Justices, subject 
to the provisions of the preceding subdivision, 

jjj gjg X. The Judicial Trial Justices shall have authority to appoint 

a Clerk for their Court, who shall hold his term of oflfice at their 
pleasure, and who shall receive as his compensation as such Clerk 
the fees herein provided for entering judgment. 

0. The amount of docket fee to be charged in each case shall 
be as follows : When the sum sued for or amount of damages 



i^.. §11. 



lb., SI)). 



OF SOT^Tll r'An(»[,IX.\. 315 

A. D. nn. 



cliiirncd shall ))v. Iwciity dollars or less, twenty-five cents ; when '^"^ ^ ' 
it shall ho nioro than twenty iin<l less than fifty dollars, fifty 
cents ; and when fifty doilars or over, one dollar ; said fee shall 
he charged among the costs of the case. 

GenerdI Poircrs (uul Didics. 

Sec. 889. (''^''^/"•) Kvery Trial Justice shall have po,,er to May adminto- 
adniinistcr any oath authorized or required by law to he taken takf'^"miuiioUi- 
and not directed to be administered by another authority ; and "'t""'"' v?^'"!!;, 

•' •' INjO, XI., dO, 

any oath so administered shall, to all intents and purposes, be •*'• 
hindini,' and ctTcctual in law. He may also take renunciation of 
dowor. 

Sec. 890. (^4^.) Any Trial Justice, on the application of May take truti- 
any i)arty to a cause depending l)eforc him, shall have power, and cation or party^ 
is required, to issue a summons citing any person whose testi- ■^'>m 2^. «">• 
mony may be required in such cause to appear before him at a 
certain time and place, not more than twenty miles from the 
residence of such witness, to give evidence, which summons 
shall be served personally at least one day before such attend- 
ance is required. If such person shall neglect or refuse to 
attend, the Trial Justice shall have power to issue a rule com- 
manding such "witness to be brought before him ; or if any wit- 
ness attending shall refuse to give evidence, without good cause 
shown, the Trial Justice may commit him to the jail of the 
County, as for a contempt, not longer than one day, as well as 
fine him in an amount not exceeding ten dollars; the cost of 
such rule, commitment, and detention in custody, as well as the 
fine so imposed, may be levied of the goods and chattels of such 
recusant witness on the order of such Trial Justice directed to 
any Constable of the County, as in cases of execution. 

Sec. 891. {^4^-) In case it shall appear to the satisfaction May take tcsti- 
of any Trial Justice that the attendance of any witness, whose ™s".^ "^ ^'^"* 
testimony may be required in any case before him, cannot be had xvui' 313 " ^' 
by reason of extreme age, sickness or infirmity, or of indispensa- 
ble absence on public oflficial duty, or in consequence of i. tended 
removal from the State before the cause can be otherwis6 ready 
for trial, or where such witness may be resident in another 
County, or without the limits of the State, it shall be lawful for 
him to take the examination of such witness in writing, or cause 
the same to be done by another Trial .Justice, or other officer 
authorized by law to administer oaths, to be used in evidence on 
the trial of the case : Provided, That the parties to such cause 



:310 CIVIL STATUTE LAWS 

A. D. 1K!14. 



' Y ' slmll have notice thereof in lime to be present if tliey or either 
should choose to be present, or notice by either party to the 
other of interrogatories to be propounded to such witness, with 
*' four " days' time given the party notified to prepare cross-inter- 
rogatories, upon whifli said interrogatories and cross-interroga- 
tories, when preferred by the parties, or eitiier of them, tlie depo- 
sition shall be had. When such examination is so made by 
another, it shall be sealed up, with the title of the case endorsed, 
and conveyed by a disinterested person to the Trial Justice 
authorizing the same, or mailed and the postage prepaid. 
Books to bo Sec. 892. {So2.) Each Trial Justice shall keep two books, 
bl.w aisposwh)f. the one for civil, the other for criminal cases, wherein he shall 
is?j'xvii' «.' "is6i"t lill lii'^ proceedings in each case by its title, showing the 
commencement, progress and termination thereof, as well as all 
fees charged or received by him, and shall produce the same, 
when required, for the inspection of the Solicitor of the Circuit. 
AVhenever any Trial Justice shall die, resign, be removed, or go 
out of office, his books of office, with all records relating thereto 
in civil cases which have not been settled, shall be turned over to 
his successor or to some Trial Justice in the same County, who 
shall be authorized and required to proceed thereon the same as 
if he had tried such cases and issued the papers thereon himself. 

Etters V. Elters, 11 Eich., 413 ; Cheri-y v. McCants, 7 S. C, 2'J4 ; Barron v. 
Dent, 17 S. C, 79 ; Caulfield v. Charleston, 19 S. C, 601. 

Accounts of. Sec. 893. {So3.) The County Board of Commissioners of the 
County Board of scvcral Couiitics of tliis State, in auditing the accounts of Trial 
""1875 xvl, 8G3. Justiccs, shall require them to exhibit with the bill of costs all the 
original papers in each case in which said costs have accrued ; and 
no bill of costs against any County in this State shall be allowed 
by any Board of Commissioners unless accompanied by the origi- 
nal papers in each case mentioned in the bill or account. The 
County Board of Commissioners, after examining the original 
papers of any Trial Justice, shall return them to him without 
delay. 
Party charged Scc. 894. {SoJf.) It shall be the right of any person before 
demand^items"^ Paying costs in any Trial Justice's Court to demand from the 
ib., 8154. Trial Justice an itemized account of such costs; said account 
shall be receipted by the said Trial Justice at the time said costs 
are paid ; and no person shall l)e comiielled to pav such costs 

Cannot act as ' ' ^ ' • i " 

counsel or atttir- uulcss the Trial Justice shall furnish such itemized account, 
once before Sec. 895. It shall be unlawful for any Trial Justice to act as 
i*»3, xvin., counsel or to appear as an attorney fit law. in any of the Courts 
o^.'g^"' ^"'■' of this State, in any action which may have been before him in 



OF SOUTH CAROLINA. 317 

• "~ A. D. U»4. 

liis oflTiciiil ct4)aciLy as Trial .lu.stioe. Any Trial .Ju.sticc who "^ 

violates the provisions of tliis Section shall forfeit his oftice. 

Sec. 896. ''*>'•'''.) All fines and ])enalties imposed and collected kiih-h nnrt p«-n- 

liv Iruil Justices in cnniinal cases must he lorthwith turnefl p<«edof. 

over by them to the County Treasurers of their respective Coun- ,\^'**^-''*"'' 
ties for County purposes. But when, 1)y law, any person is enti- 
tled, as informer, to any portion of such line or j)enalty, the same 
shall be immediately paid over U) hiiu. 

Sec. 897. ('W;?.) Every Trial .Justice sliall, on the first Monthly re- 
Wcdiu'sday in each month, or witliin ten days thereafter, make, roii'.MtiMi. to 
in writing, to the Auditor and Treasurer of his County, a full ih^-Jj, xvi.> ra. 
and accurate statement of all moneys collected by him on 
account of fines, penalties or forfeitures durincr the past month. 

Sec 898 (S60.) Trial Justices shall be entitled to the same Feoaof. for 

^ ' . ^ 11- rules against 

fees for issuing rules against Constables, and hearing the return constabu-s. 
thereto, as they are allowed bylaw for issuing a summons in^"^'''^'" ' 
civil cases. 

Sec. 899. {S6J.) The Clerks of the Courts of the respective Rppniations as 
Counties shall each keep a book in which shall be entered all lrii)u't.'-a**ara(!ng 
books sent them for distribution among the Trial Justices of Trini Ju.sticcs 
their respective Counties, in which book shall also be written 67-, si. 
the receipt of Trial Justice to whom delivered, to be cancelled 
upon return of such books, by writing across the same "books 
returned ;" and upon the expiration of the term of office of any 
Trial Justice, it shall be his duty to return to the Clerk of the 
Court of his County, within thirty days, all books received by 
him from said Clerk, in good condition, and have his receipt 
cancelled, as above provided. 



ARTICLE 9. 
Constables. 

Skc. ' Pec. 

000. How chosen or appointed ; term ; 907. Paylnp over money collected ; pcn- 



resUlence, 

001. How to qualify, bond, 4c.; deputa- 
tions. 

!102. Oatbs of office. 

903. May act throughout County; ercep- 
tlon. 



ally for default. 
90S. Must execute orders, Ac, of Trial 
Justice appointing him. 

909. Service of process ; how made. 

910. E.xecufions; when and how nMumed. 

911. Liability for neglect to enfon-e or re- 



904. E.\ecutlon and return of process. turn executions ; breach of bond, 

905. Must specify In return of execution 912. Oppri'ssion in ofllce. ic. liability In 
or attachment arilcks Icvkd on. civil action ; pmvlso. 

000. Sales by ; noUce of. 913. To attend Ciirult Courts w hen re- 

1 quiri'd. 



318 CIVIL STATUTE LAWS 

A. D. lew. ~ 

^- '^ ' Section 900. i^f^^.) Constables shall be chosen in each 

or apiK.iiit.d; Countv bv the fjimlified electors thereof, in such manner as the 

ciMi .Art..Vv.^ General Assembly shall direct, for the term of two years. They 

vio'ifc^^y^xVii" shall reside in the County, city or township for which they are 

'^- elected. 

There can be no rpgularly commissioned Constable in the State, under 
Const.. Art. IV., the Legislature not having directed how he shall be elected. 
— Tinsley v. Kithy, 17 S. C, 1. 

Each Trial Justice of the State may appoint one person to 
discharge the duties of Constable w'ithin the jurisdiction of such 
Trial Justice, and the Constable so appointed shall receive the 
compensation provided by law. He shall hold his office for the 
term of two years, subject to removal by the Trial Justice ap- 
pointing: him. 
HowtoquaUfy, Sec. 901. {''^^^4-) "When any person shall be elected or ap- 
^aTdeputitf^ pointed to the office of Constable, he shall repair to the Clerk's 
it^o. XI.. 'so, office of the County, and, together with the evidence of his 
.M'w''; issti, XIX.',' election or appointment, he shall lodge his bond, in the form 
prescribed by law, in the penalty of five hundred dollars, with 
good sureties, not less than two, nor more than five, to be ap- 
proved in writing by the Clerk, and, upon taking the oaths 
herein prescribed, such person shall be entitled to a certificate 
from the Clerk that he has filed his bond and taken the requi- 
site oaths, and shall thenceforth be regarded as a regularly 
qualified Constable ; nor shall any person not so qualified exer- 
cise the powers of a Constable : Provided, That nothing herein 
contained shall prevent a presiding Judge or a Trial Justice or 
a Coroner from appointing a Constable to act by virtue of such 
appointment only on a particular occasion, to be specified in 
writing ; but no Trial Justice shall deputize the person swearing 
out a warrant in any case to serve the same. 

Appointment for particular occasion should be in writing. — State v. Cohen, 
13 S. C, 19S. Minor may be specially appointed.— r/ns/cj/ v. Kirby, 17 S. C, 
1 ; McConncll v. Kennedy, 29 S. C. 

^thsof^offlce. Sec. 902. {SOo.) Every Constable shall, before receiving the 

6g2*^?'iwy"vT' certificate provided for in the last Section, take the oath pre- 

384,84. scribed in the Constitution for civil offices, and also the several 

additional oaths prescribed in Sections 501, 502 and 503. 

May act Sec. 903. {S66.) "Where not specially provided otherwise by 

county;^exceV ^^" ' ^^'61*}' fp^^ilified Constable shall be entitled to exercise his 

office throughout the (^unty for which he may be elected or 



tlOD. 



1330, XI., 80, 
64: ante Art. S, appointed 
Chap. XX. ^ ^ 



OF SOUTH CAHolJXA. 




Sec 904 {'^fi7.) He must faithfiillv luid promptly execute 

, - ,, ,, , 1 , , • "i , , ,1 ■, Exwutlon and 

all processes lawfully directed to liiiii liy competent authority, n;turu of pro- 

aiul must make return, on oatli, to the person issuing the pro- j^^'^q -^- 15 

cess, to he endorsed in writing thereon, of his proceediu^rs hy 

virtue of the same. 

Sec 905 ('%*7.) He must specify, by endorsement thereon, muhi »pf<ify 

1 'i 1 1 i. i- 4.*. 1 *. I • 1 1 In ntum of f X- 

or scIumIiiIc annexed to any execution or attachment which he coution or ot- 

lias levied on personalty, a list of every article so levied on, and cic-s levied od, 

forthwith lodge a copy of such list with the person issuing the " n, 

process. 

Sec. 906. {S07.) He must give fifteen days' notice of all sales by; 
sak'S to be made by him, by advertisement at two of the most ^ ,,. i b 7 9. 
public places in the neighborhood of the time and place of ^^"•' '^' "• 
sale. 

Property so sold is subject to lien of older lien of judgment of Court of Com- 
mon Pleas.— /lov v. Montgomery, 1 Hill, 277 ; Robinson v. Casper, 1 Hill, iHH ; 
Leminond v. Short, 3 Strob., 313 ; Carrier v. Thompson, 11 S. C, 79. 

Sec. 907. {S67.) In default of paying over any money col- Payinp over 
lected by him to the party entitled, or his lawful agent, or to edf'iM-nuity'for 
the Trial Justice, upon demand, or in default of returning to iya9"xi"8flr86 
the defendant, upon demand, any overplus remaining in his 
hands, the Constable shall be liable, in either case, to pay to the 
party in interest and entitled to receive the same the original 
sum, with interest thereon at the rate of ten per cent, per month, 
recoverable before a Trial Justice if not more than one hundred 
dollars in amount, or, if greater, before the Court of Common 
Pleas. 

Treasurers v. Temples, 2 Speer, 48 ; Etters v. Wilscn, 12 S. C, 145. 

Sec. 908. (SOS.) Every Constable appointed by a Trial Jus- Must execute 
tice shall be bound to execute, when required, every lawful order, Trlauustireap^ 
judgment and determination of said Trial Justice or his Court. ^*'l""°f,''i'!?' 

Stnii- V. Greenwood, 1 Mill, 420 ; Foster v. Gault, 2 McM., 335. 

Sec. 909. {S73.) The service by a Constable of all process in sovue rt pro- 

the nature of a notice for personal appearance shall be by ddiv- ^**'J//"j|^y' g''j']''- 

ering to the party a copy of the same, or by leaving the same at 

his most notorious place of residence. 

Leaving at residence sufficient.— i7en?i«»ion v. Thompson, 8 S. C, 117. Must 
be proved by affidavit.— -S<afe v. Cohen, 13 S. C, 1H8. Or by acceptance.— i<«^i- 
sun V. Currier, 28 S. C, 111) ; liradleij v. Bell, 34 S. C, 107. 

Sec. 910. {S74.) It shall be the duty of every Constable with wilrand"h"ow 
whom an execution is lodged for collection to proceed forthwith "',^"'x', soo 
to execute the same, according to its exigenev, unless ordered by S^ = v^yi'^'*™-' 



320 CIVIL STATUTE LAWS 

A. D. IkOI. " ~ 

' V the party in wliose favor the same was issued to wait ; and every 

execution sliall be returned to the Trial Justice by whom it was 
issued within sixty days from the date, and the Constable making 
such return shall set forth the full execution thereof, or the 
reascms for his failure. 

Protection in executing.— //ini^rr v. McElhannj, 2 Brev., 103; Brou-n v. 
Wood, 1 Bail., 457 ; Fostrrv. Ciaxilt, 2 McM., :«5 ; Taylor v. McKeoicn, 12Rich., 
2.51 ; Hrarjd v. Thompson, I'J S. C, 572 ; Goodgion v. OUreath, ;J2 S. C, aS8. 

Liability for Scc. 911. {S7o.) When any Constable fails to do his duty in 
?orw*^or'return the enforcement or return of an execution, the party in whose 
breaib o/tomi! f 'Ivor the sanic may have been issued may apply to any Trial 
i84i>, xi..ato.§i J^g^;j(.g foi- a rule against such defaulting Constable, requiring 
him to show cause, after the expiration of two days from the 
service of such rule, why the execution has not been enforced or 
returned, and on his failing to show cause sufficient the said Jus- 
tice may order the same to be made absolute, and the Constable 
shall be liable for the debt, interest and costs, and if he be unable 
to pay the same such liability shall be construed a breach of his 
official bond, and the same shall be recoverable in an action 
thereon against his sureties. 

Davenport V. Corley, 1 Bail., 594; Foster v. Gmdt, 2 McM., 335: State v. 
Starjijers, 12 Rich., 286 ; Tinsley v. Kirby, S S. C, 113. 

Oppression in Sec. 912. {S69.) For oppression in office, whether by undue 
biutvin'civn personal violence, cruelty, taking an amount of property in 
proviso, unreasonable proportion to the sum to be collected, or for any 
willful official misconduct, habitual negligence, habitual drunk- 
enness, or fraud, a Constable shall be liable to an action for 
damages by the party aggrieved ; but if in any such action the 
plaintiff fails to recover, he shall be liable to be mulcted in 
double or treble costs, by order and at the discretion of the pre- 
siding Judge. 

state V. Grcemcood, 1 Mill, 420 : State v. Williams, 2 Speer, 2G. 

Toauendcir- Scc. 913. {^71.) All or SO many of the Constables of any 

when ^wiuirert! Couuty as may be thereto required by the Sheriff shall be bound 

fb., §y; 181G, to attend any of the Circuit Courts, shall be officers of Court, 

VI , 2J 9 2. . 

and perform the appropriate duties and services assigned them 
by the Sheriff and presiding Judge ; and each Constable so attend- 
ing shall be entitled to receive the compensation of one dollar 
and fifty cents for each day's attendance. 



action 
1S39, XI 



OF SOUTH CAROLINA. 



TITLE VTT. 

OF PUBLIC CJIAKGES. 



(' 1 1 A PT K U X .\ 1 . — / '(I II pc rs. 

CiiAi'TKK Wll.—Fsfafc (if Dr. John Do La Howe — The 

Downer Fund — The licrrsford Fund. 
Chapter XXIII. — Pensions. 




CHAPTER XXI. 
Paupers. 



Skc. I Sec. 



1)11. How Ipgal settlements may be ac- 
quired. 
015. Overseers to care for person.s of other 



901. Overseers to make annual return to 
Secretary of State; natuie of the rc- 
lura ; Secretary to furnish blanks. 



places; expenses, how recovered. 022. Secretary of State to transmit aljstract 

010. To notify Overseers of proper County of returns to General Assembly. 

and request removal. 023. May bring them before Board by 

017. How removed. If request not com- t warrant. 

plied witli. 924. Moneys due on recognizance for 

018. The notice and answer may be sent ' maintenance; when to be paid to 
by mall ; proviso. \ Commissioners. 

010. Penalty for Importing a pauper. \ 925. May send pauper lunatics to Asylum. 

920. Charleston and Columbia may provide i 

for their own poor respectively. I 

Section 914., (<^<^^-) Legal settlements may be acquired in hov.- legai sot- 
any County, so as to oblige such County to relieve and support ac(J[l^°Jd™"^ '*'* 
the persons requiring the same, in case they are poor and stand i|""< xiv..37o, 
in need of relief, in the manner following, namely : 

1st. A married woman shall follow and have the settlement of 
her husband, if he has any within the State ; otherwise, her own 
at the time of marriage, if she then had any, shall not be lost or 
suspended by the marriage. 

iid. Legitimate children shall follow and have the settlement 
of their father, if he has any within the State, until they gain a 
settleuient of their own ; but if he has Jione, they shall, in like 
manner, follow and have the settlement of their mother, if she 
has any. 

;Jd. Illegitimate children shall follow and have the settlement 
of their mother at the time of their birth, if she then has any 
within the State ; but neither legitimate nor illegitimate chil- 
dren shall gain a settlement by birth in the County whore they 

21—1 



322 CIVIL STATUTE LAWS 

A. Tb. 1804. 

^"^ — Y ' may be born if neither of their parents then has a settlement 

therein. 

4th. Any person of the a,<re of twciity-onc years. ])ein<; a oiti- 
zen of this or uuy other of the United States, who has lived for 
three successive years in any County, and who has during that 
time maintained himself and family, shall he held to have 
acquired a le<,'al settlement therein. 

County not bound to support child who has left it. — Lynah v. Commissioner, 
2McC., 170. 

ovorseors to Sec. 915. i'^''^^-) The Oversccrs of the Poor, in their rcspect- 
onuher p*iiR-es ; ivc citics or Couutics, shall provide for the immediate comfort 

rmjTereti. and relief of all persons residing or found therein, having lawful 

jfe.. §0. settlements in other places, when they fall in distress and stand 
in need of immediate relief, and until they are removed to the 
city or County of their lawful settlement ; the expenses whereof 
incurred within three months next before notice is given to the 
place to be charged, as also of their removal, or burial, in case 
of their death, may be recovered by the city or County incurring 
the same against the city or County liable therefor, in an action 
at law^, to be instituted within two years after the cause of action 
arises, but not otherwise. 
TO notify over- Sgc. 916. (SS^.) The Oversecrs of the Poor of any city or 
countv^aucTre- County may send a written notification, stating the facts relat- 
quest removal, jj^g ^q j^j^y person actually become chargeable thereto, to one or 
" ' ' ' more of the Overseers of the city or County where his settlement 
is supposed to be, and requesting them to remove him, which 
they may do by a written order directed to any person therein 
designated, who may execute the same. 
Hnw removed Scc. 917. {SS5.) If such removal is not effected by the last 
corapnedVrth.' mentioned Overseers within one month after receiving the notice, 
jb., §8. they shall, within the said one month, send to one or more of 
the Overseers requesting such removal a written answer, signed 
by one or more of them, stating therein their objections to the 
removal ; and if they fail to do so, the Overseers who requested 
the removal may cause the paujier to be removed to the city or 
County of his supposed settlement by a written order directed to 
any person therein designated, who may execute the same ; and 
the Overseer of the city or County to which the pauper is so sent 
shall receive and provide for him ; and such city or County shall 
be liable for the expenses of his support or removal, to be recov- 
ered in an action by the city or County incurring the same, and 



OF SOUTH CAROLINA. 323 

A. D. t8tU. 



shall be barred from contesting the same question of settlement "" ^^^ 
witli the i)Iaiiitiir in such action. 

Sec. 918. (WA ) The notification and answer mentioned in The notice un i 
tlic iwo preceuing .Sectu)ns may be sent by mail ; and sucli noti- wm i-y nmii; 
iication or answer, directed to the Overseer (jf the Poor of the ''[Krorxiv„8;i, 
city or County intended to l)e so notilii'd or answered, ]i()Htage '"• 
prepaid, shall be deemed a sufHcient notice or answer, and shall 
be considered as delivered to the Overseer to whom it was directed 
at the time when it is received at tlic postoflicc of the city or 
County to which it is directed, and in which tlic Overseer resides : 
Prin'ided, That said letter of notification be registered. 

See. 919. {''^''^7.) Whoever brings into and leaves any poor pmnity for im- 
and indiiit'lit ])erson in any city or County in tliis State wherein piT.'"*^ " ''""' 
such paui)er is not law I'lilly settled, knowini,^ hijii to be poor and ^''mAIO. 
indigent, and with the intent to charge such city or County with 
his relief or support, shall forfeit a sum not exceeding one hun- 
dred dollars for each offense, to be recovered in any proper 
action, to tlie use of such city or County. 

Sec. 920. (''*'<*>,9.) The city authorities of Charleston and Charleston and 
Columbia shall be allowed, and it shall be their duty, to provide pn)vi"iefor"iH'ir 
for the care of the poor within the limits of their respective sp^^mvi*)-'.' ^^' 
cities: and the County Board of Commissioners of Charleston /''.. 8i-.'; iwa, 

^ . XXI., 481. 

and Richland Counties shall when the}' levy a general poll tax 
for their Counties except from the payment of the same the said 
cities of Charleston and Columbia if the authorities of the said 
cities shall have made adequate provision for the support of their 
poor. 

Sec. 921. (■'^'^^'.) The Overseer of the Poor of each citv and overseers to 

•.^.' ^ make annual re- 

County in this State shall, on or before the first day of Novem- turn ' » swre- 

'' ' "^ tary u t Stale ; 

her of each vear, make and return to the Secretary of State a n"Uir« of the 

' • 1 • /->. 1 return ; Swre- 

statement of the paupers m each city or County as they were "'ry to fmiusii 
during the year ending the thirtieth day of September preced- //)., gis; isrs, 
ing, Avhicli return shall contain true and correct answers to the xxi'.. w'l! ^^''^' 
following inquiries : What number of persons have been relieved 
or supported l)y your County (or city) during the year ending 
September 150th ? Of those, how many have a legal settlement in 
your County or city ? 1I()W many are foreign born ? How many 
colored ? How many white ? Have you a jioor house ? \\'hat 
niunlier of acres of land is attached to your poor house ? A\'hat 
is the present estimated value of your poor house establishment ? 
Real estate ? Personal ? What number of persons have been sup- 
ported in your poor house during the whole or any ])art of the 
year ? What is the average numl)er sujiported in the jioor house ? 



324 CIVIL STATUTE LAWS 

A. D. 1304. 



What is the average weekly cost of supporting each pauper iu tlie 
poor house ? What number of persons have been inmates of your 
poor liouse who are unable to jx-rform any kind or amount of 
labor ? What is the estimated value of all the labor jjcrformed l^y 
the poor in your poor house ? What was the kind and quantity of 
crops raised on the poor farms ? The value of that sold ? The 
estimated value of that retained for use on the farm ? IIcjw many 
persons, including the families, have you supported out of the 
poor house during the whole or a jiortion of the year ? What is 
the average weekly cost of supporting each pauper out of the 
poor house ? How many have you aided out of the poor house ? 
How many have you relieved who were insane ? How many who 
were idiots ? AVhat number of your poor, supported at the pub- 
lic charge, have been made dependent by intemperance in them- 
selves ? What number by intemperance in those who ought to 
have been their supporters ? AVhat is the total net cost of sup- 
porting or relieving the poor in your County or city during the 
year, including interest on your poor house establishment ? 
How many are supported in your poor house at the present time ? 
How many are supported out of the poor house at the present 
time ? How many are assisted out of the poor house at the pres- 
ent time ? They shall, at the same time, make correct returns 
of all children in such County or city under fourteen years of 
age who are supported at the public charge, specifying therein 
the name, age, sex and color of each. And the Secretary of 
State shall furnish County Supervisor of every County, and the 
Overseers of the Poor of each city in the State, with blank forms 
of returns, which shall contain, in substance, the foregoing 
interrogatories. 
Secretary of Scc. 922. {891.) The Secretary of State shall, on or before 
Lft**abs*tra^°^ the first day of December of each year, make out an abstract of 
erarAy^rabiy°' the returns made to him, together with such explanatory remarks 
g\Y.*''j|iv.,^T2, ^g Yi^ deems proper, and, through the Governor of the State, 
^^~- transmit the same to the Legislature. 

May bring Sgc. 923. {897.) Upon information made, as provided in the 
Ed^b^wlr- preceding Section, it shall be lawful for any one of the County 
r''°'« Board of Commissioners to issue his warrant, directed to the 

Jo., 8 2; 1893, -,.■-. , . , 

XXI., 481, 8-3. Sheriff or any Constable, commanding him to bring any such 
child before the Board at the first meeting thereafter ; and the 
said officers must execute such warrant, and shall receive there- 
for the same compensation as for other arrests, to be paid by the 
County. 



OF SOUTH CAROLINA. 




Sec. 924. (<V.W.) The moneys remaining' due on any reeogni- "^ 
ztiiice given for the niainteiKincc of any illegitimate child at the on*rl'"'^ni/.!inr« 
time such child shall be bound to service shall be paid into the mTm"! wh "i/ to 
hands of the County Board of Commissioners for the benefit of ^i^jfaun!"^"^' 
such illeuilimate child. J'^^V-XrV}' 

Sec. 925. (<V.W.) The County Board of Commissioners arc*^'-*'- 
authorized to send all pauper lunatics, idiots and epileptics in p,^"iuna'tkrto 
their several Counties to the Lunatic Asylum. ^7h*^!"\i -i^ 

Note.— For other laws respecting paupers, see Chapter XX., Article 1, fc'ec- :vc>'. i(\'-' ikd^I 



tions 007-!J74. 



XXI.,4S1,91. 



CHAPTER XXII. 



Estate of Dr. John De La Howe.— The Downer Fund.- 
The Beresford Fund. 



Sec. 



926. De La Howe estate; moneys of, vested 
In Tnistees ; how applied. 

037. Trustees to be appointed by Legisla- 
ture every four years. 

028. Vacancies ; how to be tilled. 

020. Trustees a body corporate and poll- 
tic; proviso. 

030. Treasurer and Secretary to be elected. 

931. Treasurer to give bond; allowed 
commissions. 



Sec. 



932. Treasurer to make return annually to 
Judge of Probate. 

933. Board to keep record and report to 
Legislature. 

9.34. May be removed by Court of Common 

Pleas of Abbeville County. 
93.5. The Downer Fund. 
930. Duties and compensation of State 

Treasurer. 

937. Commissioner to give bond. 

938. The Beresford Fund. 



Section 926. (OOO.) The moneys which have arisen or may De La Howe 
arise from sales of the estate of Dr. John De La Howe, late ^[^v^este°d^'n 
of Abbeville, (the whole of which estate, real and personal, Ip^/^' ^^^^ 
wheresoever and whatsoever, excepting a tract to contain fifteen isis, vl,i4, §i, 
hundred acres of land, to be reserved for the school, including 
the spot and improvements upon the plantation called Lethe, 
whereon the testator died, the Trustees of said estate herein pro- 
vided for are authorized to sell and convey.) and all other moneys 
belonging to and to be collected for the said estate, shall be 
vested in the said Trustees, to be applied and appropriated ac- 
cording to the trust and terms of the will of said Dr. John De 
La IIowo, 

Sec. 927. (OOJ.) A new Board of Trustees shall be appointed Trustees to be 
by Joint Ke-solutitm of both branches of the Legislature at the ?PP?!,'J^^,^ur^^ 
session of the Legi-slature in eighteen hundred and ninetv-three, *',*!!',? !",'l!^*?.!^ 

, .7 i82.>, \ ni., 34., 

and so after the expiration of every four years succeeding, to***: J*»« ^■^•• 
continue for four years from the first Monday in Ai)ril next after 
the appointment. 



32G CIVIL STATUTE LAWS 

A. D. ISOJ. 

'*" — ^ — ^ Sec. 928. (•'^^''-.) In case of refusal to accept, death, resigna- 

to^'iiiii'(^'. '"^ tion, removal from the OouTity, or removal from tlie trust, of 

i/f., Ra j^j^y Qf (]^, 'I'nistee.s of the saiil estate, or any of their .sufcessors, 

it shall he the duty of the delegation Trom Ahheville for the time 

being, or a majority of the said delegation, to appoint a suituhle 

person, a citizen of Abl)eville County, to till the vacancy till 

another appointment be made ; and at the next session of the 

Legislature another appointment by Joint Resolution shall be 

made, to continue until a new 13oard shall be appointed, as liere- 

inbefore provided. 

Trustees a body ScC. 929. {'>0o'.) The Board of Trustccs, and their succcssors, 

i)oiiurfpro"vi^^ ''ire iucorixtratcd as a body corporate and politic, in deed and in 

iv{-"v?;','- li' law, by the name of ''The Trustees of the Estate of Dr. John 

IrJo, V 111., tHo, •' 

832. De La Howe," and may sue and be sued, implead and be im- 

pleaded, and make rules and regulations for their government, 
not repugnant to the laws of the land, such as a majority of them 
shall approve : Provided, That such corporation may at any 
time be dissolved or controlled by the Legislature ; and that 
annual payment of interest on all moneys due or to become due 
to the said Board shall be required to be punctually made ; and 
that no member of the Board, during his continuance in office, 
shall be, directly or indirectly, a borrower of any part of the 
funds of the said estate or security for any person. 
Treasurer and Sec. 930. {,'"'>4-) It shall be the dutv of said Trustees, and 
eSe^^ ^ ^^ their successors, to elect some person, not a member of their 
„^''-'?^30; 1S29, Board, who shall perform the duties of their Treasurer and 

V I., 6\)t, %\1. '■ 

Secretary in such manner as they shall prescribe, and hold his 
office at their jjleasure. 
Treasurer to Scc. 931. {005.) Such Treasurer shall give abend, payable 
giveiiond; a 1- to the Trustccs, by their corporate name, in a sum equal to bind 

lowed commis- • j r ' ^ 

siops- the amount of the funds of the estate, with such security as the 

Trustees shall aj^prove ; and he shall be entitled to receive from 
the said estate such compensation for his services as is allowed to 
executors and administrators ; but in his commissions no charge 
shall be made for receiving from his predecessor or jiaying to his 
successor. 
Treasurer to Scc. 932. {OOQ.) It shall be the duty of the Treasurer to make 
uua^'Hy to'judge '^^^ annual return, on oath, of the receipts and expenditures of 

of Probate^ ^],q g.^j^j estate to the Judge of Probate of Abbeville County, 

which before it is presented to the Judge of Probate shall be in- 
spected and approved by the Board, a copy of which return it 



OF SOUTH CAROLINA. 327 

~ ■ A. D. IMM. 

hIuiH be the duty of tlu; .hid^^r of I'robute to tiuusmil to the sue- """ ■'^ ' 
cc'i'iliii;,^ Lc-risl:itiirc. 

Sec. 933. {•'">•) It f^liiill inoi-cdvcr lie tlu' duty of llie Board nouni to koc-j. 
tociiuso to be kept a regular record <>f all their proceedings, and ponuj' u-tfUtiu- 
juinually to tninsiuit to the (Jeuural Assunihly a faithful Iran- — ~~ihr — 
script from the said record for the year })rcccdiiig, acc(jiiipanied 
by a copy oJ" the last return made by them t(j tlie Judge of Pro- 
bate, and by an exhibit showing the ])recisc situation of the 
estate on the first i\Ionday in February and the lirst Monday in 
November next preceding. 

Sec. 934. {'^"^.) 'rhe Court of Common Pleas for Abbeville May ik- rcmov- 
County shall have })o\ver, for (lefaiilt in relation to the returns 0)iiiin(.i/'"Vu-us 
required by this Chapter, or any other sufiicient cause appearing county.*^'"' 
to the Judge, to remove any one or more of the Trustees, or any -f''-. 8^- 
of their snccessors, from the trust committed to them ; and it 
shall be the duty of the Judge of Probate, or the members of 
the delegation of Abbeville County, according as the default may 
be in relation to a return to the Judge of Probate or in a return 
to the General Assembly, having given jirevious notice to the 
Trustees, to report to the Court at its next term any default 
which may occur in relation to any of the returns aforesaid ; and 
upon such report, or other sufficient cause, laid before him, the 
Solicitor attending the said Court shall proceed, to procure the 
removal of the Trustee or Trustees complained of. 

Sec. 935. The fiovcrnor shall appoint a citizen of the County The Downer 
of Aiken a Special Commissioner to take charge of the Downer ^"°'^' 
School Fund, now in the hands of the State Treasurer ; and it 
shall be the duty of the State Treasurer to turn over to said Com- 
missioner the whole of said fund as soon as he shall have been 
appointed and (pialified. The said Commissioner is hereby 
authorized to invest as much as six thousand dollars of said fund 
in bonds which the city of Aiken has been or may be authorized 
by Act of the General Assembly to issue in aid of the Aiken 
Institute, at the rate of seven per cent, interest per annum, pay- 
able on the first day of January in each year. The balance of 
said fund to be invested in bonds of this State or other bonds of 
the citv of Aiken ' xwwxv^ a n .i 

Sec. 936. That said Commissioner shall annually collect tlie |;o"v' ^'™n- 
intereston said bonds, and shall apply the same to the education vi-sted; annual 

' . report, Ac. 

of such children as come within the pension of the will of the isxr. xix.. ss:.: 

... l^T'J WII HI'.'.' 

late Alexander Downer, to be educated in some institution of issi); xvii!!;iio; 
learning in Aiken County ; and should there be any surplus of is-wl x i.',' 'Vtk: 
such interest, said Commissioner shall deposit the same in the \^\\ xx." loir! 



328 



CIVIL STATUTE LAWS 



A. D. 1891. 



Commissioner 
to give b ond. 
lb. 



The Beresford 
Fund. 

1878, XVI., 770. 



State Treasury until the same shall have accumulated sufficient 
to ])ur('hasi' other ])onds as aforesaid : Provided, That he shall 
purchase said hond or honds as soon as the fund amounts to 
enough to buy the same, the interest on such new investment to 
be used as aforesaid. The Commissioner of said fund shall 
annually, by the 31st day of October, make his report to the 
State Superintendent of Education, his actions and doings, con- 
cerninir said fund. 

Sec. 937. That said Commissioner shall, before entering 
upon the duties of his office, give a bond to the State of South 
Carolina in the penal sum of eight thousand dollars, with three 
or more sufficient sureties, conditioned for the faithful perform- 
ance of his duties ; said bond to be approved as required by law 
for County officers, and the same to be recorded in the office of 
the Register of Mesne Conveyances for Aiken County, and then 
filed with the State Treasurer. The said Commissioner shall 
receive no compensation for the services rendered by him. 

Sec. 938. {910.) The Vestry of the Parish of St. Thomas and 
St. Dennis are relieved, till the further pleasure of the General 
Assembly, from applying the income received by them under 
the will of Eichard Beresford, Esq., to supporting and main- 
taining the children of the poor of said Parish, and the said 
Vestry are hereby authorized and empowered to aj^ply such in- 
come solely to the education of the children of such poor. 



CHAPTER XXIII. 



Pensions. 



Sec. 



Sec. 



939. Pension provided for certain soldiers 

and sailors. 
910. Who entitled to receive. 

941. Application for, what to state, and 
how venfled and supported. 

942. Certiflcate of Auditor, what to con- 
tain. 

913. State Board of Pensions and County 
Examinlniar Board of Pensions. Du- 
ties of County Board. 

944. County Board to file papers ; when 
and whtre. 

945. Report of County Board and physi- 
cian to State Board ; Investigation ; 
testimony, &c. 

946. List book, what to contain ; where 
filed ; certiflcate of Clerk. 

947. Revision of pension list by State 
Board. 



948. Pay of members of County Board. 

949. List of approved applications to be 
kept by Clerk ; how reported to blra ; 
"Pension Roll." 

950. Annual appropriation and apportion- 
ment thereof. 

951. Board of Pension Commissioners; 
how constituted ; powers and duties. 

952. How fund distributed when last Sec- 
tion not complied with. 

953. Warrants for pension ; when and 
how issued. 

954. Pensions to widows of soldiers and 
sailors : in what cases allowed ; ap- 
plication for, &c. 

955. Comptroller-General to furnish 
blanks. 



OF SOUTH CAROLINA. .'5^20 

~~ ~ A. D. lew. 

Section 939 '''"' roHowiuLT ijorsons, soldiers aiid sailors, ' ^r— " 

• • i? L. /I /. 1- ' 1 ■ .1 ■ J! i.1 PcnHlon pro. 

now citizens ot Soulh ( .n-olina, wiio were in t lie service of the vidi-df(.r<<rtiiiii 
State or of the uonledi-rato States m the late war between the nuiiorw. _ 
States, shall lie entitled to receive from the Treasurer of tlie g','^''''*'^-'®*^' 
State a monthly payment (if lliree dollars, to be i)ai(l in the inan- 
ncr and on flio terms and conditions hereinafter set forth. 

Sec. 940. 1" "rder to obtain tlie benefit of this Chapter such who entitled 

soldier or sailor must show, first, that he was a bo7in fide soldier "Yu^^. 

or sailor in the service of the State of South Carolina or of the 
Confederate States in the war between the States ; second, that 
while in such service he lost a leg or arm, or received any wound 
causing a permanent disability incapacitating him for earning a 
livelihood ; third, that neither himself nor his wife is receiving 
an income exceeding the amount of two hundred and fifty dol- 
lars per annum : Frovided, That the word income shall be held 
to include any amount received as wages, salary, or from any 
other source. 

Sec. 941. Before any soldier or sailor shall receive any part Appiifation 
of the payment provided in this Chapter he shall make an appli- g[^te,^\ud how- 
cation in writing, addressed to a County Examining Board of and supported. 
Pensions, to be appointed as hereinafter directed for each County jl'^o^ 'Vi^^*' 
of the State, setting forth in detail the nature of the disabling 
wound, tlie company and regiment or battalion in Avhieh he 
served, and the time and place of receiving the wound, and 
showing that neither he nor his wife is in receipt of the income 
as hereinbefore specified. Such apjolication shall be verified by 
the oath of the applicant made before any officer in the State 
authorized to administer oaths, and shall be accompanied by the 
affidavit of one or more credible witnesses, stating that they 
know the applicant was a soldier or sailor and believe the allega- 
tions made in the application to be true. 

Sec 942 Such application shall be verified also by a certifi- ccrtincate of 

wcv. »/t:«w. 11 , . , , ,. ., Auditor; what 

cate of the Auditor of the County in which the applicant resides, tocouuiin. 
showing that his income does not exceed two hundred and fifty xx.'*'27.^' '^ ' 
dollars per annum, and that he is not possessed of sufficient 
property to produce such income ; and it shall be the duty of 
the Auditor to furnish such certificate, if he shall so find the 
facts, without fee or charge. 

_ _ . _ ,r,, .- T ,. 1 11 1 1 -ii 1 • 1 state Board 

Sec. 943. Ihesaid applications shall he submitted in each of Pensions, and 
County of the State to a Board composed of two reputable citi- ,^nllllln^' "noai^ 
zens thereof and a physician, who shall be a])]iointed ])y the dutus or county 
Secretary of State, the Attorney-General and Comptroller- 7ii!,85; 



330 CIVIL STATUTE LAWS 

A. I). ISIII. 



"-- — ^. ' General, wliu art' heri-hy created a State Board of Pensions, and 

the said tliroe persons shall hf known as tlie (bounty Exaniinintr 
Board of Pensions. 'Vhv said Board shall meet on the third 
Monday in January, and on the same day in each succeeding 
year thereafter, for the iiurpose of considering the ai)j)lications 
for pensions provided in this Chapter. It shall he their duty to 
examine each applicant under rules and regulations prescribed 
by the State Board of Pensions, and they shall certify their ap- 
proval to said State Board, giving in detail the reasons which 
influenced them to grant or oppose each application, accompanied 
by all the evidence upon which they made their decision. 
County Board Sec. 944. Each application approved by said County Board, 
w h"ef n^'Tn^d with all papers upon which they act, shall be filed in the Comp- 

^^iT go troller-General's office by the first day of February of each year, 

to be by him submitted to the State Board of Pensions for their 
review. 
Reports of Sec. 945. Said County Board, in the examination of each 
and" phfsi'dans soldicr or sailor on application for the benefits of this Chapter, 
ulSu^tTo^ni shall describe to the State Board of Pensions the disability of 
"TtS^xi^V such soldier or sailor in concise and plain language, giving in 
ilia. ' ' ' detail, with their approval of the application, every fact that in- 
fluenced them in arriving at their conclusion ; and the physician 
of each County Board shall give a minute description of the 
wounds of each soldier or sailor, freed as far as possible from 
technicalities of his profession. In the examination of the ap- 
plication of each widow for pension, the sjiid Board shall inquire 
particularly into all the facts set forth in her application as to 
whether they are true or not, and shall have the right to examine 
such witnesses and take sucli evidence as to satisfy them of the 
right of such applicant to a pension, and for the purposes of 
this Chapter the Chairman of each County Board of Pensions 
shall have the right to administer oaths. 
List book, Sec. 946. Each of the said County Boards shall keep a book 
w ife'r r%ed| ^^ whicli they shall make a list of the applicants for pensions, 
^,^j.^flcate of setting forth the approval and disapproval, which book shall be 
Jb.,28,88b. filed in the office of the Clerk of Court of Common Pleas for 
each County ; and the Clerk shall from said book certify to the 
Comptroller-General, ou or before the first of February of each 
year, the number of pensioners who are still alive and entitled 
to the pensions. 
Revision of Scc 947. The State Board of Pensions shall have the 

pension list by , *. '-,.,,,,,.,•,, j • ^i t x j? 

State Board; authority, and it shall be their duty, to revise the list ol pension 
""zbTgL!'"^ — claims allowed by each County Board, and to confirm or reject 



OF SOT'Tir r'AUOLINA. 331 

A. I>. IWM. 



unv pension ilaim :illn\vtM| hy such linanl, as tlicy niay deem ^'" -"'"■^ 
j)r(>j)er and ri^dit upon the facts presented ])y the said Hoard, or 
upon such additional facts connected therewith as tliey nuiy pro- 
cure. 

IJuanl hnviiifr tlisjii)i)rovf'<l claiin, mandamus cannot iwjue to compt'l them 
to approve.— .V/'/^' v. \'rntcr, .'iO S. C, 1377. 

Sec. 948. lilt' members of each County Hoard shall receive p^y „f nje^. 
for their services under tliis Chapter the sum of three dolhirs per \i;^^,;i'^ •^'''""^^ 
day ; but the number of days on wliieli they are engaged in ftucii Jh.,iM. 
work shall not exceed eight days. Such per diem shall be paid 
by the State Treasurer, upon the warrant of the Comptrcdlcr- 
CJeneral, out of the appropriations for the pensions provided for 
liercin. 

Sec. 949. If the State Board of Pensions, or any two of ust of appmv- 
thein. shall approve any application, they shall so endorse thereon, ['/,' be''kept'"by 
and shall notify the Clerk of the Circuit Court of the County in [,1^%= how ^. 
which such applicant shall reside, and the Clerk shall keep a list ' I'ension b«ii^ 
of such applicants whose claims have been so approved, and like- 
wise a list of all aiaplicants under Section 940 whose claims shall 
be so approved. Said lists shall be records of his office, and shall 
likewise contain a brief statement of the facts upon which each 
application is approved. These facts shall be furnished to such 
Clerk by the Secretary of State, and shall be entered upon a 
book to be furnished by the County Commissioners of each 
County, which shall be denominated ''Pension Roll," for their 
resjiective Counties. 

Sec. 950. The State of South Carolina shall annually appro- ^nniiai op- 
priate the sum of fifty thousand dollars, which shall be appor- pj;'^;!^^;!;;'^'^^^ 1^^^ 

tioned among the several Counties in the proportion of the claims t'lereof. ^ 

approved in such Counties, and shall be distributed as hereinafter *' ' 
l)rovi(led. 

Sec. 951. On sales day in October in every year the surviving Bonniof Pen- 
soldiers and sailors who were in the service of the Confederate si"" ersThow 
States, or of this State, in the late war between the States, po'wers^and 

residing in any County in this State, shall be authorized to meet '*"!'/^'*g-, 

in convention in the court house of such County at 11 o'clock 
A. M., or such h«nir thereafter on such days as will })rocure as 
large an attendance as may be had, and organize by electing a 
Chairman and Secretary, after which they may elect by ballot 
five of their number, who shall receive a nuijority of the ballots 
cast in such election, to compose a IJoard of Pension Commis- 
sioners for such County until the next ensuing election here- 



XV2 CIVIL STATUTE LAWS 

A. D. IMM. 

' . uiidfr. AftLT lir.st l)ein<j^ duly swoni fairly and impartially to 

disciiar^^i' tlu' duties heroin prescribed for them, to the best of 
their al)ility, and tiling such oath in the Clerk's office in such 
County, they shall meet as soon as practicable, with the County 
Examining Board of Pensions, and, with them, examine the 
pension roll for such County, and shall select therefrom such 
number of the most needy applicants as will be sufficient to con- 
sume the appropriation for such County, allowing to each appli- 
cant so selected the sum of three dollars per month from such 
appropriation. In selecting such applicants for pension the said 
Board shall have regard to their physical condition and financial 
means, and also to the financial condition of their near rela- 
tives, and shall, in every instance, select the most helpless 
and needy applicants for aid that can in their judgment be found 
upon the pension roll, A majority of the members present com- 
posing the two said Boards shall be necessary to determine any 
matter presented to them, and a majority of each Board shall be 
necessary to form said joint Board. As soon as such Board com- 
pletes its list, as above, they shall certify the same to the Clerk 
of Court for such County, who shall record the same in a list to 
be designated ''Approved Pension Roll for 18 — ," and shall certify 
such list to the Secretary of State, and such persons shall consti- 
tute the pension roll entitled to receive the aid herein provided 
for the ensuing fiscal year. If, from any cause, the meeting 
herein provided for should not be held on sales day in October in 
any year, the same may be held on sales day in Xovember follow- 
ing, and the action of such meeting shall be as valid as if held 
in October. 
How fund dis- Scc. 952. In Counties where such survivors fail or refuse to 
last" mioJ not comply with the provisions hereof, the State Board shall make such 
compue d with, j-eprulations for the distribution of the fund for such Counties as 

Jb., 30, § 7c. *=> 

they deem best. 

Warrant for Scc. 953. It shall be the duty of the Comptroller-General to 

and^'how'issued! issue to the party entitled to receive a pension hereunder his war- 

~ib.7¥7d[. rant for the sum of three dollars at the end of each month, (or 

if the same is paid under the provisions of the i)rcceding Section. 

for such sum and at such times as may be thereunder prescribed,) 

so long as such name shall remain on the said pension roll as 

above prescribed, or until informed of the death or removal from 

Pens Ions to ^ 

widows of sol- the State of such pensioner. 

ore; In what gec 954. The widow of any soldier or sailor from the State 

cases allowed; i/^ t p h n p -, , c-i l. i 

appucauon for, of Soutli Carolina, or any ot the C oniedcratc States, now resid- 
'jb, §8. ing in this State, who lost his life while in the service of the 



OF SOUTH CAROLINA. 



A. I). IKW. 



State, or Confederate States, in the war Id-twfLMi tlie States, * ■< ' 
while she remains uiniiarricd .iiid resides in this State, shall be 
cntitlo.l to receive the betielits of this C'hai)t('r. suhjc-ct to the 
same conditions as to projicrty and income as hcrcinhefore pro- 
vided, and may make her application to said County Examining 
l?nard of Pensioners, setting forth in detail the facts which 
entitle her to make such claim, and verified by the affidavits and 
certificates hereinbefore provided ; and upon the approval of her 
claim such widow shall be entitled to receive the same amount 
and in the same manner as hereinbefore provided. 

A widow having remarried, tli<)u;;li again a widow, is not entitled.— .S7a<£' v. 
Vcnu't; ;;()R. C, 277. 

Sec. 956. It shall be tlie duty of the Comptroller-General to comptmiier- 
prepare and cause to be printed forms in blank on which such ishT)iank.s. ""'' 
applications, certificates and affidavits may be conveniently made, gl,"*"- xix..a^ 
and he shall cause the same to be distributed in the several 
Counties of the State in such numbers and such manner as in his 
judgment may be necessary. 



TITLE VIII. . 

OF THE PUBLIC HEALTH. 



CHAPTER XXIV. 

Boards of Health— Physicians, Apothecaries and Den- 
tists—Quarantine. 



Article 1. Boards of Health. 

Article 2. Physicians, Apothecaries and Dentists. 

Article 3. Quarantine. 



SEC. 



ARTICLE 1. 
Boards of Health. 



050. State Board of Health ; how consti- 
tuted. 

057. Rights and dutios of. In grenerol. 

OM. Executive Committee j appointment 
and duties of. 



Sec. 

Oifl. Coinmlttoo. how to or(?anIzc ; Regis- 
trar-General; control over Local 
Boards. 

OCO. Local Boards of ncaltli In cities and 
towns ; how constituted ; duties of. 



334 CIVIL STATUTE LAWS 

A. D. 1804. 



Skc. I Sec. 

UOl. DutU'S of oxlstliiR Boards and othpre | Ui>6. Pnwcrs of school aulhorltlMi to pro- 
ht'icartcr apiKiliitcU. | vent sprcatl of couUikIouB or luft-c- 

ll(!C. I'owfi-s as to rt'iiiovul or abatement I tloiis <llKca.s<'. 

of nulsaiui's, Jtc. j !)(:(!. Annual and oHht rr-port* to Kxfcii. 

Oli"). Lo<al Hoards In the country ; how ^ tlvt- Commit tec. what to contain. 

0C7. State Board ; KiMN-lal dutle« of. 
BUS. Quarantine; powerH of State Board 

UR to. 
OUli. Vital statistics; duty of EjiecuUve 
Committee us to. 



appointed ; powers and dutleH. 
OUI. I'ower of Board, In case; of epidemic, 
ic. as to cloiilng of schools. 



State Boaniof SectiOH 956. ipH-) The Soutli Carolina Medical Associa- 

TOustitJted.'"'^^ tion, iiiid tlit'ir successors, in their corporate capacity, together 

ggi^''^jj^vi., 729, y\rj|.jj the Attorney and Coniptrollor-Cenerals of the State, and 

their successors in office, are a Board of Health for the State of 

South Carolina, to be known as the State Board of Health. 

Rights and Sec. 957. {012.) Said Board is invested with all the rights 

geueni'i.'* "'' '" ^^^ cluirgcd witli all the duties pertaining to organizations of 

^//'•'//v ^^'•~' like character, and shall be the sole adviser of the State in all 

XXI., eSoand u. . ' . , 

questions involving the protection of the public health within 

its limits. The Board shall make an annual report to the Legis- 
lature on all matters relating to its action. It shall be the duty 
of the State Board of Health, through its representatives, to in- 
vestigate the causes, character and means of preventing such epi- 
demic and endemic diseases as the State is liable to suffer from ; 
the influence of climate, location and occupations, habits, drain- 
age, scavengering, water supj^ly, heating and ventilation ; and 
shall make inspection annually, or oftener if necessary, of the 
sanitary condition of all institutions provided as State charities 
or supported at the public expense. They shall supervise and 
control the quarantine system of the State, and shall aninially, 
or oftener if necessary, require reports from the Health Officer 
on such forms as may be prescribed in all matters pertaining to 
quarantine. They shall also be authorized to establish quaran- 
tine both by land and sea. This quarantine shall not be estab- 
lished except by the advice and consent of the Governor. 

It shall be the duty of the Executive Committee to recommend 
such provision of law as shall be deemed necessary for the thor- 
ough organization of a system of registration of vital statistics 
throughout tlie State, and shall prepare necessary methods and 
forms for o))taining and preserving such statistics. 
Executivn Ssc. 958. {013.) The said Association, at its first meeting 
pointment 'and ^^^®^' ^^^^ ^^^^^ January, 1803, and every seven years thereafter, 

duties of. shall elect seven meinl)ers, to be recommended to the (iovernor, 

who shall appoint them to co-ojierate with tiie State officers 



OF SOC'I'li CAI.'olJNA. 335 

" ' " A. D. 1894, 



above named, to constitute an Executive Committee, having 
power to act in tlie intervals of tlif meetings of the State Hoard 
of Health. This (!oinmitto(! shall niakc, annually, a detaih-*! 
rej)ort to the State lioard of Health. .Mend)ers of this Coniniit- 
tee shall ho removable by and at the pleasure of tlie Governor, 
upon the request of the State Jioard of Health, or for neglect of 
duty, or other causes set forth by the majority of the mendjers 
of the Executive Coniuiittee. Vacancies shall be filled by ap- 
pointment by the (Governor, on recommendation of the State 
Board of Health, or of the Executive Committee when such 
vacancies occiii- in the intci'vals of the meetings of the Associa- 
tion. 

Sec. 959. {''J'h) 'I'he Executive Committee shall, immcdi- rommittee, 
ately after their appointment, proceed to organize by electing a iz.-; RftriMrar- 
Chairman and Secretary, the latter to be ex officio Registrar-(ien- troi ovi-V 'ici-ui 
eral of the State. '^I'hcy arc authorized and empowered to divide 'j**,, ,^^§5^ i^^.f 
the State into health districts, and in those districts in which no il^s-j'xix' '^'-j- 
Boards of Health exist they are required to appoint sub-Boards ^'^'•'-'' -^^'•'^• 
of Health, which shall consist of two practicing physicians and 
one layman. Local ]5oards of Health, established as hereinafter 
provided, shall be subject to the supervisory and advisory control 
of the State Board of Health, through its Executive Committee. 
They shall pass no ordinances, nor consider any such of force, 
which are repugnant to the rules and regulations of the State 
Board of Health. 

Sec. 960. Eor the protection of the public health every incor- Looai booMs 
porated city or town in the State shall have a Board of Health, cities un<i 
consisting of not less than three members, one of whom shall be .sauted ^duties 

of. 



a graduate of medicine of good standing. They shall be elected j^^^ ^^jjj 
or appointed by the Mayor or Intendant and Common Council, 201, §i. 
in such manner and for such length of time as shall be deter- 
mined upon by the constituted authorities ; and it shall bo the 
duty of said Board to prepare and submit to the munici))al 
authorities for their action ordinances in relation to the public 
health in such city or town, and for the purpose of maintaining 
the same. In case of failure to ai)point a Board of Health by 
the authorities charged with so doing, the State Board of Health 
may appoint suitable persons residing within the limits of the 
place over which the said local Board is to exercise its duties, and 
all Boards so appointed shall be duly vested with the powers con- 
ferred on any other local Boards of Health within the State. 



336 CIVIL STATUTE LAWS 

A. D. 1894. — — 

' ■' ' Sec. 961. It shall be the duty of all existing Boards of Health, 
istiiiif uouriis and also of all that may hereafter be appointed under the pro- 
afur'uppoinUHi" visious of tliis Article, to aid the municipal authorities in the 
iM'xxi'' I)^ ' enforcement of all State laws as to the adulteration of all kinds 
of food and drink, and to prevent the sale or exposure for sale 
of any kind of meat, or vegetables, or fruits, or other articles of 
food that are unwholesome or unfit for food ; and also to define 
and declare what shall be nuisances to health in lots, streets, 
docks, ponds, wharves, piers, vessels, and all public or private 
places in such city or town or in any part thereof ; and to pre- 
vent the spread of dangerous epidemic or contagious diseases in 
such city or town or in any part thereof ; and also to maintain 
and enforce a i)roper quarantine whenever this may be deemed 
expedient or necessary by the State Board of Health and ap- 
proved by the Governor ; and to regulate and control the keep- 
ing or slaughter of all kinds of cattle, sheep, goats and swine or 
other animals in any city or town or any part thereof ; and to 
regulate and prohibit the accumulating of offal and all decay- 
ing or injurious vegetables or other substances in any place in 
such city or town, public or private ; and to prohibit and remove 
any nuisance or offensive matter in any public highway, road, 
street or other place, public or private, in such city or town, 
and to cause the removal of the same at the expense of the 
owner thereof if he decline to remove it after notice to that 
effect ; and to regulate and control, or prohibit, the cleansing of 
sewers and the dumping of garl)age, or using of any noxious or 
unsuitable material for filling town lots, marshes, ponds and 
other places, and to provide for filling of sunken or low lots and 
other places in any i)art of said city or town. Sub-Boards con- 
stituted as provided in Section Oolt and local Boards of Health 
are charged with the duty of investigating within their districts 
all matters of sanitary interest or scientific importance bearing in 
any wise upon the protection of the jjublic health, and shall 
report to the Executive Committee at such times and in such 
manner aii<l form as the Executive Committee may prescribe. 
Powers as to ScC. 962. Whenever such nuisance, source of foulness or 
abate mVnt of causc of sickness hazardous to public health shall be found on 
°/Ffii!^^^ private property, the Board of Health of the city or town within 
whose limits it may be shall at once notify the municipal 
authorities, who shall require the owner to remove and abate the 
same at his own expense, within such time as the Board may 
deem the public health to require, a duplicate of the notifica- 



OP SOUTH CAROLINA. 337 

A. D. 18iM. 

tion being left with oiu- or more of the tenants or occupants. ^~"~"<^ — "^ 
If tlio owtior or agent is unknown, resides out of the State, or 
cannot be reached with the notice speedily enough for the neces- 
sities of the pul)li(' health, a notice left at the hou!-e or j)rcrniscs 
with the tenant or occupant, or published in a news[)ai)er printed 
in the County, and if there is no such newspaper, posted on the 
door of the court house or postoffice, shall suffice ; and if the 
owner thus iiotitied shall not coni])ly with such iiotilication or 
order witiiiu the time specified, the municipal authorities shall 
proceed to remove such nuisance, source of foulness or cause of 
sickness hazardous to public health, and shall have a right to 
recover the expenses incurred in such removal from any person 
or persons who shall have caused or allowed the same, or from 
any occupant or tenant of premises, or (in case it aifcct the free- 
hold) from the owner, who after notice, as aforesaid, shall have 
failed to remove such nuisance, source of foulness or cause of 
sickness hazardous to the public health within the time specified 
iu such notice. Nothing herein contained shall be held to bar 
an action for damages by such owner, occupant or tenant for 
unlawful proceedings in the premises. 

Sec. 963. The .State Board of Health, or its Executive Com- l<^^, Bygrtb* 
raittee, is authorized from time to time to appoint local Boards {j'J,^!''^5^J^^^ ! 
of Health in the several Counties of the State outside of incorpo- Suties^'^" ^'* 
rated cities and towns, to act within certain limits in the County, iswrxix., 3i9. 
designated by the State Board or the Executive Committee 
thereof, as they, respectively, may consider necessary or expedient 
for the promotion of the public health. The local Boards of 
Health so appointed shall consist of not less than three members, 
one of whom shall be a graduate of medicine in good standing, 
and shall serve for such length of time as shall be determined by 
the said Board of Health or the Executive Committee thereof. 
The local Board of Health so appointed shall perform all the 
duties imposed, and shall be vested with all the powers conferred 
by law upon any and all local Boards of Health within this State. 

Sec. 964. The Board of Health in any city or town iu the power (. r 
State shall have the right to declare any epidemic or cause of ill of^piljemkNi'*. 
health so injurious or hazardous as to make it necessary to close "chlwis!"*'"'^ "' 
any or all of the public or ))rivate schools in the limits of such if^^. xviii., 
city or town ; l)ut in case of public schools the same shall not be 
closed except l)y direction of the Board of Education, School 
Trustees or other body having control and direction thereof, who 

.)-)_T 



338 CIVIL STATUTE LAWS 

A. D. TKOJ. ■ 

^*" V ' may rause any or all of the scliools under their control to he 
closed, if in their jiKiirnieiit it he necessary for sanitary purposes, 
powors of Sec. 965. Any Board of Education, School Trustees, or any 
u« "*to lin-veut other hody having control of any of the schools, may, on account 
roiiuigriiai 8 or of the prevalence of any contagious or infectious disease, or to 
t"s^s"°"^ ^ prevent the spread of any such disease, prohihit the attendance 
ih.,Hi. of any teacher or scholar upon any school under their control, 
and may specify the time such teacher or scholar shall remain 
absent, or they shall require a satisfactory certiticate from one or 
more reputable practicing physicians that such attendance is no 
longer attended with risk to others attending school, and may 
also prohibit the entrance into or attendance at any school of all 
unvaccinated persons who have not had the smallpox. The said 
Board of Control or Trustees may also require vaccination of any 
or all teachers, scholars and attendants if a case of smallpox have 
occurred in the city or town. 
Annual and Sec. 966. i^^^-) All local Boards of Health are required to 
EStKom- report to the Executive Committee of the State Board of Health 
w)nta!n,^'c"* ^ annually, or oftener, if so required, all marriages, births and 
//x, 2<J4, 87. deaths occurring in their respective jurisdictions; and, when 
notified, shall report upon all diseases or supposed causes preju- 
dicial to public health therein, and the measures employed to 
check or abate the same ; also, upon such other subjects as are 
usually under control of Boards of Health. They are also 
charged with the duty of investigating, within their districts, all 
matters of sanitary interest or scientific importance bearing in 
any wise upon the protection of the public health, and shall 
report thereon to the Executive Committee at such times and in 
such manner and form as the Committee may prescribe, 
state Board, Sec. 967. (■'-?-'.) It shall be the duty of the State Board of 
special dutiesof jjgj^ltlj through its Exccutive Committee, to investigate the 
8ti. ' " ' causes, character and means of preventing such epidemic and 
endemic diseases as the State is liable to suffer from, and the 
influence of climate, location, occupations, habits, drainage, 
scavengering, water supply, heating, and ventilation. They 
shall make inspections annually, or oftener if necessary, of the 
sanitary condition of all institutions provided as State charities 
or supported at the public expense. 
Quarantine, Scc. 968. (•^^~-) The State Board of Health shall supervise 
^^cUsLk'*''^ and control the quarantine system of this State, and shall annu- 
jft., §8. ally, or oftener if necessary, require reports from the Health 
Officer, in such forms as may be prescribed, in all matters per- 



OF SOUTH CAROLINA. XV.) 

' "~ A. D. IHM. 



taininp to quarantine. They shall also be authorized to cstab- '^"^'^ ' 
lisli t|uarantiiio hotli on land and sea. This (|uaraiitiiK' shall not 
be establi^bed except by the advice and consent of the (lovernor. 

Sec. 969. ('^AS'.) It sball be the duty of the Executive Com- vital Htati«- 
niittee of tbe State Board of Health to recommend such provi- <'«'iitiv<- r<>m- 
sions of law as shall be deeme<l necessary for tbe thorough y,7 r;ii 50. 
organization of a system of registration of vital statistics tbrough- 
out the State, and to prepare the necessary methods and forms 
for obtaiiiiii<: and preserving such statistics. 



ARTICLE 2. 
Physicians, Apothecaries and Dentists. 

Sec. ' Skc. 

970. Physicians, quallflcatlons of, to prac- 98S. Poisonous medicines and drugs, how 
tk'c. t(> be labeled. 

971. Uuqualllled practitioners not entitled ' 983. Patent medicines maybe sold wrlth- 
to compensation. I out license. 

97-. Quallfled practitioners entitled to 984. Dentists must have license from Board 

charge, sue for and collect fees. \ of Dental E.xamlners. 

973. Apothecaries, &c. ; Pharmaceutical I 985. Board of Dental Examiners, how con- 
Assoclatlon to appoint Boards to ex- i stltuted. 

amine. 986. Meetings of Board ; notice of ; gen- 

974. Powers of Boards. | eral powers ; licenses ; fees. 

07."). Licenses must be obtained from. , 987. Book of registry or record ; transcript 

970. Applicants to undergo examination ' from ; evidence, 

by. 988. Quorum. 

977. Who exempted from examination, 93J. One member of Board may grant 11- 

978. Association to preserve record. j cense, when. 

979. To register names of all pharmaceu- ' 990. Each dentist to keep a record of cases 
tists. j treated. 

960. To report annually to General Assem- , 991. South Carolina Dental Association a 

biy. ' body corporate. 

981. Sale of poisons, record to be kept. | 

Section970. (•'^^•^•) 1- Xo person shall practice physic or sur- Physicians. 

gery, for coni])eusatiou, within the State uulods he is twenty-one {""ppa^ur.^"' °^ 

years of age, and either has been heretofore authorized so to do ..^'"^"''•^^i^^l !•• 

pursuant to the laws in force at the time of his authorization, or^-'^^l is'-^'xx.! 
.,»,., S4 : iKio, X X.. 

is hereafter authorized to do so by subsequent subdivisions of <J99. 

this Section. 

2. Tbere shall be established a State Board of Medical Exam- state Boardof 

, , , 1 1 1 ■ • Me<'.lcal E.xami- 

iners coinposetl of seven reputable physicians or surgeons, oncners: ix.wers 
from each Congressional District, to be appointed by the Goy-\^y^^^~^^ 
ernor, whose term of office shall be for a period of two years 
and until their successors in office shall have been appointed, 
and any vacancy in said Board of Examiners, by death, resigna- 



340 CIVIL STATUTE LAWS 

A. D. 1804. 

''- — v"^ tion or otlicrwise, shall bo filled in the same manner. A ma- 
jority of s:iid Hoard shall ccjnstitute a quoriini for the trans- 
action of business : Provided, That the members thereof first 
appointed under the provisions of this Section shall be divided 
into two classes, each class to consist of the first three and 
second two members. The first class shall hold ofhce under said 
appointment for the period of one (1) year, the second class for 
two (2) years, from the date of their appointment. 
MeetinKs;ex- 3. Said Board of Medical Examiners shall meet at Columbia, 
appiiaints;°er- "^^"^^ Carolina, Oil the fourth Tuesday in April of each year, 
tifleatos.ic. .jj^^j g^ their first meeting organize by the election of a Chair- 
man and a Secretary, who shall also be Treasurer ; and said 
Board shall have power to call extra meetings when necessary. 
It shall be the duty of said Board when organized to examine all 
applicants for examination who hold diplomas from any medical 
colleges or schools, and to pass upon their qualifications and 
fitness to practice medicine in this State, and to give to each 
successful applicant a certificate to that effect, upon the pay- 
ment of five dollars to the Treasurer of said Board. Said 
Board shall keep a record of all the proceedings thereof, and 
also a record or register of all applicants for a license, together 
with his or her age, time spent in the study of medicine, and 
the name and locations of all institutions granting such appli- 
cants' degrees or certificates of lectures in medicine or surgery. 
Said books and register shall be prima facie evidence of all the 
matters therein recorded. Such certificate of qualification shall 
entitle the holder or holders thereof, respectively, to be registered 
as a lawful practicing physician by the Clerk of Court of the 
County in which he, she or they may reside, upon payment to 
said Clerk of Court a fee of twenty-five cents for each regis- 
tration. 
Per diem and 4. The members of said Examining Board shall receive for their 
fo'r^paymentl sei'vices the Same per diem and mileage as is paid to the members 
surplus. Qf |.jjg General Assembly for each day engaged : Provided, That 

the receipts from applicants for examination shall be sufficient to 
meet said expenses; and if there should be any surplus after 
paying said expenses, that the same be paid to the State Board 
of Health for further disbursement. 
Not to apply to 5. Nothing contained in this Section shall in any wa}' affect or 
sk^i^.'^^ ^^^' ^PP^y *•' physicians and surgeons who have already registered in 
accordance with the laws now of force. 



OF SOUTH CAROLINA. 341 

■ A. U. IMtl. 

(;. rpoii till' ri'fusal of said Hoard to ^n-aiit a license to any ' ■' 
applicant, an a[)peal may bo had to the (iovernor. who may order <.r'tM."r;'re^xI 
a re-cxamination of the applicant to be held in the presence „f ""'"" 
the Dean of the Faculty of any medical colle;,'e in this State and 
a committee comjiosed of six practicing physicians. 

7. Nothing in this Section shall apply to commissioned medical Exccr-UoM. 
officers of the United States Army or Navy or the United States 
Marine Hospital Service, nor shall it include ])hysicians or sur- 
geons residing in other States and called in consultation in s])ecial 
cases with physicians or surgeons residing in this State. 

Sec. 971. (^-^O-) In no case wherein the provisions of this i-nquaiinf d 
Article shall have been violated shall any person so violating nurintitii-dT "to 
receive a compensation for services rendered ; but nothing herein pxcjption. 
contained shall be construed to apply to persons practicing den- j'^^"' xiv.. 107, 
tistry or to females practicing midwifery. 

Sec 972. {■'-^l-) All persons now practicing, or who may QuaiiO(Mi prac- 

, „ ' , . , . . , . -11111 titlonere e n 1 1- 

hcreafter practice, medicine or surgery, as herein provided, shall tied to charge, 
, -11,1 I- 1 n p ii • • sue for and col- 
be entitled to ciiarge, sue tor and collect tor their services. iwjfees. 

Sec. 973. i'^-^^-) The Pharmaceutical Association of the State » I'^i's^!' x l', 
of South Carolina shall elect six pharmacists doing business ****'* ~- 
within this State, who shall constitute the Board of Pharmaceu- cai Examinere; 
tical Examiners of the State of South Carolina, and shall hold aunuai eiee- 
office as follows : One of them for the term of one year ; another cies"; 'name bdJ 
for two years; another for three years; another for four years ; rum. °^^ '^"°' 
another for five years and another for six years ; each, however, ]g,^y' ^^}- Vj^'^ 
to hold further until his successor shall have been duly elected 
and qualified ; and the said Association shall at such election 
indicate the person chosen for each of said terms respectively. 
Annually thereafter the said Association shall elect one member of 
said Board to fill the vacancy annually recurring, such members 
so elected to hold office respectively for the term of six years and 
until his successor shall be elected and qualified. In case of the 
death, resignation or removal from the State of any member of 
the Board, the President of the Association shall appoint in his 
place a pharmacist to serve for the remainder of his unexpired 
term. The said Board shall be styled "The Board of Pharma- 
ceutical Examiners,'' and shall meet in the city of Charleston, or 
at any other places in this State which may be designated by said 
Association, once every four months, and keep in session until 
applicants who have previously made ajqilication to the Secretary 
of said Board shall have been examined. Four members of said 
Board shall constitute a quorum for the transaction of business 
and the granting of licenses. 



342 CIVIL STATUTE LAWS 

A. D. 1891. " " ~ " 

"^■" — ^^ ' Sec. 974. y'-'-'h) 'lie said Boards shall alone possess and ex- 

Bounis.' ercise the powers of granting, withholding or vacating the license 

1870, XVI., no. qI pliarmaocntists. apotliooaries and druggists, 
ycensesinust SeC. 975. {''■''j.) Every plianiiaceuti.st, apothecary and retail 
from. ^^ "® druggist, who has not been previously licensed according to law, 
•''''• who carries on and conducts the business of such occupation in 
this State must have a license therefor from one of the above 
named Board. 
As to Act 1887, repealed.— S^ofe v. Tallexj, 28 S. C, SSO. 

Applicants to Sgc. 976. {026.) Before granting said license, except in cases 

"atknfby!''^""**" hereinafter excepted, each applicant therefor shall undergo an 

1870, XVI., uT; examinati(m by and before the Board, and of such nature as they 

1803, XXI., 51il. -^ ' . , 1 • 

shall require ; but such examination must include the reading of 
manuscript prescriptions and the explanations thereof ; the dis- 
covery or detection of unusual doses of drugs, especially of 
poisons ; the recognition and distinguishing of the various roots, 
barks, leaves, fruits, resins and gums in common use ; and the 
proper antidotes and mode of administration thereof for the 
different i^oisons. 
Graduates not Sec. 977. {927.) No examination shall be required in case 

to be examined; .-, ^• i_ • i ij.-i ^ 

fees; in coun- the applicant IS a regular graduate m pharmacy from any 
sicianfmayact^ reputable College ; but such applicant shall be entitled to a 
physk^ans'' own licensc upon furnishing evidence of his graduation satisfactory 
prescript^ions. ^^ ^^^ ^.^-^ g^^^^,^ ^^^ ^^^^^ payment of a fee of five dollars. In 

case the applicant undergoes examination the charge for the same, 
and for granting the license, shall not exceed ten dollars, which 
amount shall go to the Pharmaceutical Association of the State 
of South Carolina : Provided, Iwivever, That outside of cities, 
towns and villages, and in towns or villages of tiiree hundred in- 
habitants or less, where there is no regular pharmacist, practic- 
ing ph3'sicians shall have the right to compound and sell medi- 
cines upon their obtaining a special license from said Board of 
Pharmaceutical Examiners and paying therefor a fee of five 
dollars. 

Nothing in this Chapter, however, shall be construed as in- 
tending to hinder or prohibit any physician lawfully engaged in 
the practice of his profession anywhere within this State from 
putting up his own prescriptions or dispensing his own medicines. 
Association to Sec. 978. ('^~<^'.) It shall be the duty of the said Association 
'STviTiS *o establish, carry on and preserve in a book to be kept for the 
purpose a register of all pharmaceutists, apothecaries and retail 
druggists in the State, including the name of person regis- 




OF SOUTH CAKOLINA. 



tcrc'd, place (jf hnsiiiu.^.^. Ihr lad w lifi iicr he l;e a ;j;rudiiak' in 

medicine or pharmucy, or iii)der license ^naiited on examination, 

and any other matter of iiirorinatioii liie said Assnciation may 

see lit to add. 

Sec. 979. {•^'^•'•) It sliall l)e the duty of all licensed phainia- To n'p-lHtor all 
• , .1 • I L •^ ^ ill ii • niimiw rif phar- 

ceutists, ajxttliecaries and retail dru<z^Msts to Jiave their names nmrr-utiHtB. 

re<,dstered in manner aforesaid by tlie said Association, and to ^''• 

reixii't aiiiiuallv. on or before the first day of ^«'(ncnilier of each 
year, to the said Association, wliether any, and, if any, what, 
change as to their res])ective phices of ])usiness has occurred 
within the then piccciiing year. For each and every registra- 
tion, or change there(»f, the party so registered shall pay to the 
Secretary of the Association the sum of one dollar. 

Sec. 980. {-'SO.) The said Association shall make a correct to report an- 
rei)ort to the General Assembly of the work done by them in erai Assembly. ' 
accordance with the jirovisions of this Article, on or before the ^*^''^' ^^''- "'^• 
first day of December in each year. 

Sec. 981. {^Jl-) Every pharmaceutist or other person selling sale of poison; 
any poison shall be satisfied that the purchase is made for legiti- K-ept. 
mate purposes, and shall keep a book in which shall be recorded •^''• 

every sale of the following articles, viz. : Arsenic and its prepa- 
rations, all metallic cyanides, and cyanides of potassium, tartar 
emetic, corrosive sublimate, aconite and its preparations, strych- 
nine, and all other poisonous alkaloids and their salts, can- 
tharides, ergot, hydrocyanic acid ; the said record also to exhibit 
the name of the person to whom sold, place of his residence and 
purpose of purchase as stated ; which book shall be kept at all 
times subject to the inspection of the Coroner of the County and 
the solicitor of the said Association, or such other persons as 
either of them may designate. 

Sec. 982. (932.) All persons in this State engaged in bnsi- poisonous 

, ... ,. . T • i. ^i.1 • ii medicines a n c! 

ness as pharmaceutists, apothecaries or druggists, either in thefimgs; how to 

wholesale or retail of drugs, shall, to every bottle, vial, box or -^^ ^^ 

other package containing any poison named in the preceding 
Section, or any one or more of the following articles, viz., oxalic 
acid, chloroform, belladona and its preparations, opium and all 
its preparations except paregoric, digitalis and its preparations, 
henl)ane and its preparations, hemlock or conium, or any other 
article that may be added to this list by the JMiarmaceutical 
Association of the State of South Carolina, securely attach a 
label, whereon shall be cither printed or legibly written with red 
ink the name of the poison and the name of at least one antidote, 



:544 CIVIL STATUTE LAWS 

A. D. 18W. ~ 



' ''' ^ with hrii'f directions as to the nun\e of using the same : Pro- 
vided, That nothing herein contained shall be construed to apply 
to the filling of prescriptions made by regular j)hysic-ians. It 
shall be the duty of the Board of Pharmacentical Examiners, on 
application at the time of registration, to furnish to the party 
registering a form of label for poisons. 
Patent medf- Sgc. 983. {OSS.) Nothing herein contained shall prevent 
8 oui™\vithout merchants and shopkeepers from vending or exposing for sale 
"*/h*^ii9 — ~ medicines already prepared ; but they must attach to the article 
sold a copy of the label attached thereto by wholesale druggists, 
and in the sale of poisons must comply with the requirements of 
the preceding Sections. 
Dentists must Scc. 984. {-fSG.) No person shall hereafter enter upon the 
from Boanf "of practice of dentistry in this State unless he shall have obtained a 
nere. ^^^ ' Hcense from the Board of Dental Examiners in the State of 
1887, xtx., 788, gouth Carolina. 

81. 

Board Of Den- Scc. 985. {^ST.) The South Carolina State Dental Associa- 
how^'consufutl ^ion sliull elect a Board of Examiners, to consist of five mem- 
"'^.'f.' . „.„ bers, to be known by the title of the Board of Dental Examiners 

lb7o, XV., SoC. '' 

in the State of South Carolina. The members of this Board 
shall be elected for the term of one, two, three, four and five 
years respectively, or until their successors shall have been 
elected. The said Association at each annual meeting thereof 
shall elect a person for the term of five years to fill the place of 
the member of the Board whose term of office shall at that time 
expire, and shall also fill such vacancies in the Board as may 
have occurred during the year. If at any regular meeting of 
the Board any member or members shall fail to be present, the 
said Association may, at its discretion, declare the oflBce of such 
absentee to be vacated, and may proceed to elect a new member 
or members for the unexpired term of such person or persons, or 
it may elect a member or members to fill temporarily the place 
or places of such absentees. This Board shall be organized by 
the election of a President and Secretary. 
Meetings of ScC. 986. (0S8.) The Board of Examiners shall meet annu- 
of"; g'e n*e ral ally at the time and place of meeting of the South Carolina State 
s^;^fees. "*^°" Dental Association, giving thirty days' notice of such annual 
^1887, XIX., 78ti, meeting in the public newspapers published in not less than three 
different places in the State, viz., one in Charleston, one in 
Columbia and one in Greenville. The Board shall prescribe a 
course of reading for those who study dentistry under private 
instructions ; shall grant licenses to all applicants who undergo 



OF Sol'I'II CAIJOLIXA. 345 

A. n. i"'.!!. 
a satisfactory exiuiiiiiation ; imd slmll keep a \u>(}k, in wliich nlmll •■ ^ 

1)0 rof^isterod all j)ersons licensed tn practice dentistry in the 
State of Sontli Carolina, 'i'lic expenses of said lieense shall he 
fifteen dollars, to he ])ai(l hy the lieensee. 

Sec. 987. (''^'^'^.) The book so kept shall he u hook of record, Book of rejris- 
and a transcript from it, certified hy the oflicer who has it in tninscript from,' 
keepinfj, with the common seal, shall he evidence in any Court 1^7:,, xv .,^. 
of the State. 

Sec. 988. (^4^-) Three members of said Board shall consti- gu„r u m. 
tute a (pioriim for the transaction of business ; and should a ^''• 

quorum not be present on the day appointed for their meeting, 
those present may adjourn from day to day until a quorum is 
present. 

Sec. 989. {■>''/ ^•) One member of said Board may grant a ono imniber 
license to an applicant to practice until the next regular meeting gV^nTucemte 

of the Board, when he shall report the fact, at which time the ^*'^°\j,^ ■ 

temporary license shall expire ; but such temporary license shall 
not be granted by a member of the Board after the Board has 
rejected the applicant. 

Sec. 990. i^-i^-) Every dentist in this State shall keep a Each dentist 
record of all cases treated in his jiractice, in accordance with a o^ cases tn^Ved. 
form to be designated by the South Carolina State Dental Asso- •^*- 
ciation, and furnish his ])atient with a copy of the same, if so 
desired by the patient. 

Sec. 991. i04i.) The South Carolina State Dental Associa- south caroima 

tion is a Iwdy politic and corporate, may have and use a common uonaixxiy cor- 
porate^ 



seal, sue and be sued, plead and be impleaded, and be empowered j^ 

to make all necessary by-laws, not inconsistent with the State 
laws and Constitution. 



ARTICLE 3. 
Quarantine. 



Seo. I 8KC. 

0'J2. Port of Cliarleston ; admlnLstration of 9'J7. Anolumigo Bmuiui for vessels of 

quarantine; Quarantine OQkcrs, ap- quarantine, how deslinuited, Ac. 

point nient, t<'ini, salary of 908. Vessels subject to quarantine, repula- 

993. Other ports of State, supervision and tlons coucernlnp. 

control of; Quarantine onicere, ap- 999. Vessels at qnanintlne on first of No- 

polntnienl, ti nn. salaries of. j vember, to what rules subject. 

901. Adnilnlstnitlon of quarantine of the 1000. Vessels arriving after lli-sl of Noveui- 

jMirt iif Heaufort, ber, regulations as to. 
99.'). Liizan'tto. site of. 
t9(i. stjitlon of (.luarantlne Oflicer In 

Charleston harbor. 



34G 



CIVIL STATUTE LAWS 



A. D. Ifi04. 



Sec. 

1001. Vessels at whun-es may be ordered to 
qunrantlue (jruuiiU ; by whom und 
how. 

1002. V(>88els bound North, after examina- 
tion, may pass on their voyaKe. 

1003. Vessfls relt'a.sed from quarantine to 
deliver permit to city author.tles. 

10^. Vessels arriving at quarantine may 
return to sea. 

1005. Pilots to ascertain whether incoming 
vessels are subject to examination. 

1006. To notify vessels subject to proceed 
to quarantine anchorage. 

1007. Duties of pilots as to vessels under 
charge subject to quarantine. 

1008. Quarantine Olflcer to board vessels, 
a.scertaln condition and report to mu- 
nicipal authorities. 

1009. To reside near quarantine grounds ; 
pKjwers. 

1010. May cause arrests of persons violating 
quarantine laws or regulations. 

1011. Quarantine vessels distinguished. 

1012. Restrictions upon passage and land- 
ing of boats, 4c. 

1013. Lighters not to load or unload quar- 
antine vessels. 

1014. Maintenance of passengers during 
quarantine, how provided for. 

1015. Criminal passengers may be conflned 
on shore ; maintenance of. 



8EC. 

1010. Appeal from Quarantine Officer to 
Board of Appeal; Board, how con- 
8titute«l ; powers of. 

1017. ApiH-al, how made and prosecuted ; 
pnx-eedings on. 

1018. Power of Quarantine Officer lo en- 
fon-e order ; lien on vesw-ls. 

1010. State Board of Health controls quar- 
antine system ; powers. 

1020. Sanitary InsiH-<tor8, when and by 
whom apfxiinted. 

1021. Duly and powers of Sanitary In- 
spectors. 

1022. Appropriation to pay expenses. 

1023. Governor may, by proclamation, de- 
clare places Infected, Ac. 

1024. When effect of proclamation to 
cease ; how time extended. 

1025. Vessels. Ac. from such Infected 
places subject to quarantine. 

102C. " Quarantine Officer " to mean Quar- 
antine Officer or his deputies, who 
must be physicians. 

1027. Quarantine Officer may employ 
force, when. 

1028. May lire upon vessels violating law. 

1029. Boats and armed men may be em- 
ployed by Governor to enforce laws. 

1030. Harbor Commission of Charleston, 
authority of. 

1031. Quarantine charges. 



Port of Charles- 



69 
XVUI 



Section 992. (-9.97.) The administration of quarantine of the 
ton^oMS^ra'^- PO^* ^^ Charleston shall be in charge of the Board of Health of 
tin°^offlrer1pI *^^ ^^^Y ^^ Charleston, subject to the advice and supervision of 
Lm'UiS-vVf' *^^ Executive Committee of Lhe State Board of Health, and they 
1881, XVII.. shall have full power and authoritv to make such rules and regu- 
691. ' lations for the institution and enforcement of quarantine as they 
may deem expedient and as may be conformable to law. 

The Quarantine Officer of the port of Charleston shall be 
appointed by the Governor on the nomination of the Board of 
Health of the city of Charleston, and shall be vested with all the 
powers and authority heretofore by law conferred upon the 
Health Officer of the port of Charleston, and shall exercise the 
same under the direction and control of the said Board of Health 
of the city of Charleston. He shall receive a salary from said 
Board at the rate of eighteen hundred dollars per annum, and he 
shall reside at the quarantine station. He shall be appointed 
during the month of January, and liold his office for two years, 
and until his successor shall be appointed, unless sooner removed 
by the Governor, at the request of the Board of Health of the 
city of Charleston, or for other reasons satisfactory to him. 



OF SOr'IMI CAROLINA. 347 

" A. D. l«'J4. 

For the purpnsc of canvin;,' out the ])rovisions of this Article """"v-""^ 
with rejfiird to the j)ort of Charleston, the sum of two thousund 
five hundred dollars shall l)e annually appropriated, to he paid 
hy the State Treasuri'r, on the order of the Chairniaii of the 
H(»ar<l of Health of ('harleston. 

Sec. 993. {-'77.) The port of r.eorgotown shall renuiin under othor poru. of 
the supervision and control of the Executive Committee of the |||'"n'Jn.r"riiu^jI 
State Board of Health, and a Quarantine Officer shall he api)ointed \'1'q\ rTs-'i"^ 
for the said port who shall he vested with the ])ower and author- u-nijUtary "oV. 
ity heretofore hy law conferred upon the Health Officers, and ■^'>- 

shall exercise the same under the direction and control of the 
Executive Committee of the State Board of Health, or such local 
Board as the said Executive Committee may ajipoint for that 
purpose. He shall return to the said Executive Committee, or 
to the said local Board, all fees collected by him, and shall receive 
for his services annually five hundred dollars, and one hundred 
and fifty dolhirs for boat hire. 

Sec. 994. The administration of the quarantine of the port Administration 
of Beaufort, embracing St. Helena entrance and Port Royal, "h^'e'T^rTiff 
shall be in charo^e of the Township Board of Health of Beaufort ^f^r'v'l' ,.,-- 

~ ^ IbJl, XX., lio.. 

township, subject to the advice and supervision of the Executive 
Committee of the State Board of Health ; and they shall have 
full power and authority to make such rules and regulations for 
the institution and enforcement of quarantine as they may deem 
expedient and as may be conformable to law. The Quarantine 
Officers of the port of Beaufort, St. Helena and Port Royal shall 
be appointed by the Governor on the nomination of the Township 
Board of Health of Beaufort township. They shall be invested 
with all powers and authority heretofore by law conferred upon 
the Health Officers of St. Helena and Port Royal, and they shall 
exercise such powers and authority under the direction and con- 
trol of the said Township Board of Health of Beaufort township. 
They shall each receive a salary from said Board at the rate of 
eight hundred dollars per annum, and the officer at St. Ueleiui 
entrance one hundred and fifty dollars for boat hire, and the 
officer at Port Royal three hundred dollars for boat hire, and 
each shall reside at the quarantine station for which he is ap- 
pointed. They shall be appointed during the month of January, 
and shall hold their offices for two years, and until their succes- 
sors shall be appointed, unless sooner removed by the (Jovernor 
at the request of the Township Board of Health of Beaufort 
township, or for other reasons satisfactory to him. For the pur- 



348 CIVIL STATUTE LAWS 



A. D. IMM. 

' ^ ])ose (»f carrying out the provisions licrcin witli regard to the port 

of Beaufort the sum of two thousand and fifty dollars shall he 
annually ap])ropriated, to he paid hy the State Treasurer on the 
order of the Chairman of the Township Board of Health of Beau- 
fort townshij). 
Lazaretto, site Ssc. 995. {''4-'^-) I'ho situ of the Lazaretto attached to the 
1880 XVI. 382". quarantine station in Charleston Harhor is clmnged from Morris 
Island to the point on James Island adjacent to Fort Jolinson, 
ui)on the lands now the i)roperty of the State, 
station of Sec. 996. (OJ/J. ) The station of the Quarantine Officer of the 
n "eMn ciiaries- port of Cluirlcston or his deputies shall be at a suitable ])oint on 
/b%9u- 18(59 >>nllivan's Island, or at Fort Johnson, as may be thought best 
XVI.. 227. fQj. ^jjg expeditious boarding and examination of vessels arriving 
from all ports into the harbor of Charleston ; the location of said 
station to be determined upon by the Harbor Commission ; and 
the necessary buildings shall be erected for the accommodation 
of the Quarantine Officer and his deputies. 
Anchorage Sec. 997. {^4'^-) The anchorage ground for vessels at quar- 
^iT af quanml antine at the ports of Georgetown, Charleston and Hilton Head 
natedl&c.*^^'^" shall be designated by buoys, to be anchored imder the direction 
IsosTxvi., 112, of the Quarantine Officers : and every vessel subject to quaran- 

§ 1 ; 1^79, XVII., . . . 

102. tine shall, immediately on her arrival, anchor within them, and 

there remain with all persons arriving on her, subject to the 
examination and regulations imposed by law. For the purpose 
of quarantine the port of Hilton Head shall be held to include 
the port of Beaufort. The quarantine anchorage for Port Royal 
Harbor shall be not less than one mile below and South of the 
mouth of Johnson's or St. Helena Eiver. 
Vessels sub- Scc. 998. {^4^.) For the more certain prevention of the 
tTn^ *reK^ia- introduction of disease into the several ports of this State, every 
tions concern- ^gggg] arriving from a foreign port, or from a suspected or in- 
596^n '^■'M88(j' ^^^*®^ P°^"^ ^^ ^^^^ United States, shall immediately proceed to 
XIX., 441:' 1893; the Quarantine Station of the port of arrival and displays a yel- 
low flag, or the vessel's ensign in the rigging, and shall be visited 
by the Quarantine Officer between sunrise and sunset as soon as 
possible after such arrival. All vessels which have had infectious 
or contagious diseases on board during the voyage, or while in 
the i^ort of departure, and also all vessels from infected or sus- 
pected latitudes or ports, shall be subjected to a detention for 
such time as the constituted health authorities at the port of 
arrival may deem requisite, and pratique shall not be given to 
any such vessel until such vessel shall have been thoroughly dis- 



OF SOITII CAROLINA. 349 

" A. D. IKM. 

infected and funii^Mtcd, the cargo jiiid bal hist having been first ^—^v— ^ 
discharged, unless the constituted health authorities of the eaid 
])()rt shall deem such disinfection, fumigation and dis(duirge 
unnecessary. 

Sec. 999. {^Jf^.') All vessels and persons remaining at quar- v.-wM-iHuiminr- 
antinc on the lirst day of November shall tliereafter he sul)J^•(a Nov'Tni"/?! u! 
to such (|uarantine and restrictions as vessels and jierstjns arriv- Jel!"' ""** ""**" 
ing on and after that day. j'«». xiv.,ii8. 

Sec. 1000. {0-')0.) All vessels arriving on and after tiie first v,.,.^,.,„ „niv- 
dav of Xovcmher having liad during the voyage a case of small- l?*f "^''■'" '"' "' 
pox, cholera or typhus, or infectious or contagious disease, and uluti<.n« us u.. 

. IMWI XVI 210 

every vessel from a foreign port having passengers and not here- 82. ' "' ' 
inbefore declared subject to quarantine, shall on her arrival be 
anchored at quarantine ground and be visited l)y the Quarantine 
Otticer or his deputies, but shall not be detained beyond the 
time requisite for due examination unless she shall have had on 
board during the voyage some case of smallpox, typhus or other 
infectious or contagious disease, in which case she shall be sub- 
ject to such quarantine as the Quarantine Officer or his deputies 
shall prescribe. And it shall be the duty of the Quarantine 
Officer or his deputies, whenever necessary for the public health, 
to cause the persons on board of any vessel to be vaccinated. 

Sec. 1001. (051.) The Quarantine Officers, Intendant and vesspisat 
^\ ardeiis, or the Mayor and Aldermen, as the case may be, and onicretitoiiuar- 
in the port of Charleston the Harbor Commission, whenever in by whom an J 
their judgment the public health may require, may order any ibw, xiv.. 113. 
vessel at the wharves of either of said ports, or in their vicinity, ^■*- 
to the quarantine ground or other place of safety, and may 
require all persons, articles or things introduced into said ports 
from such vessel to be seized, returned on board, or removed to 
the quarantine ground or other place. If the master, owner or 
consignee of the vessel cannot be found, or shall refuse or neg- 
lect to obey the order of removal, the Quarantine Officer, Intend- 
ant and Wardens, or Mayor and Aldermen, and in the port of 
Charleston the Harbor Commission, as the case may be, shall 
have power to cause such removal, at the expense of such master, 
owner or consignee, and such vessel or person shall not return 
to the port without the written permission of the Quarantine 
Officer. 

Sec. 1002. i^^^-) If any vessel arriving at the quarantine North!*iifior"x- 
grouud suljject to quarantine shall be bound to some port North p"ii"ou"t'ho'i"r 
of either of said ports, the Quarantine Officer, after having duly ^"J^^jj 



350 CIVIL STATUTE LAWS 

A. D. 1S94. ' 

^'^""^'""^ visited aiul examined her, may i)i!rmit lier to jjuss on her voyage; 
but no such vessel shall be brought to anchor off either of said 
ports, nor shall any of her crew or passengers land in or hold any 
communication with either of i-aid i)orts, or any person therefrom. 

Vessels reieas- ScC. 1003. i''''''^.) Tho master of every vessel released from 
uu/To'^uenver quarautiiic and arriving at a wharf in either of said ports shall, 
uutiiuritiesf " * within twenty-four hours after such release, deliver the permit 

ih.,iti. (,f tlie Quarantine Ollicer at the otlieo of the Mayor or Inteud- 
aut, as the case may be. 

Vessels arriv- Scc. 1004. {•^•^^■) Nothing in this Article shall prevent any 

Ing at quaran- ... l- t ■ • , i* 

tine may return vessel arming at quarantine from again going to sea before 
jfj.,§7. "' breaking bulk. 

Pilots to as- Sec. 1005. {055.) It shall be the duty of each pilot belong- 
ineom?ng*'v^es- i"f? ^^ either of tlie said ports to use his utmost endeavors to hail 
to'exaininatiou! ©very vessel he shall discover entering the port, and to interro- 
jfa., fis. gate the master of such vessel in reference to all matters neces- 
sary to enable such pilot to determine whether, according to the 
provisions of the preceding Sections, such vessel is subject to 
quarantine or examination by the Quarantine Officer. 
To notify ves- Sec. 1006. (050.) If, from the answers obtained to such in- 
to proceed to qulries, it shall appear that the vessel is su])ject to quarantine or 
chorage. "^ examination by the Quarantine Officer, according to the preced- 
^i8o8. XIV., 113, j^-,g Sections, the pilot shall immediately give notice to the 
master of the vessel that he, his vessel, his cargo, crew and pas- 
sengers are subject to such examination, and that he must proceed 
and anchor said vessel at the quarantine anchorage, there to 
av/ait the further directions of the Quarantine Officer. 
Duties of pilots Scc. 1007. {057.) It shall be the duty of every pilot who 
vessels under shall Conduct into port a vessel subject to quarantine or exami- 
a n d 'subjeA"^^ nation by the Quarantine Officer : 

''"zIT'Tio^ — ^' '^^ bring such vessel to anchor within the buoys marking 
the quarantine anchorage. 

2. To prevent any vessel or boat from coming alongside of 
the vessel under his charge, and to prevent anything on board 
from being transferred to or thrown into any other vessel or 
boat. 

3. To present to the master of the vessel a printed copy of this 
Article, when such copy shall have been delivered to him for 
that purpose. 

4. To take care that no violations of this Article be commit- 
ted by any person, and to report such as shall be committed, as 
soon as may be, to the Quarantine Officer. 



OP SOT'TII f'AKOrjXA. 351 



,"). To siilijci't liirnscir to such detent imi and d<dav, and elciili.s- '^~ <' ~^ 
in<; and pMrilicatioii, a.s t(j liis person and clotliiiif,', as .shall he 
prt'serihcd hy the (Quarantine Otiicer, after having hoarded or 
hrought to the (luarantine t^M'ound any vessel subject to quaran- 
tine. 

Sec. 1008. (:>-'>^-) It shall l)e the duty of the (Quarantine Qimrnntino 
Ollioer to board every vessel subject to f|uarantine or vi.sitation V/'lili'N.'us^M-'r! 
by liini imnu'diately on lier arrival, between sunrise and sunset ; u!!" "ul'l n'lMlrt 
to inquire as to the health of all persons on board, and the eon- L'liihoriuu)! '' " ' 
dition of the vessel and cargo, by inspection of the bill of health, ih.,\\i,%\\. 
manifest, log-book, or otherwise ; to examine, on oath, as many 
and such persons on board as he may judge expedient to enat)le 
him to determine the period of quarantine and the regulations 
to which such vessel shall be made subject, and report the facts 
and his conclusions, and especially to report the number of per- 
sons sick, and the nature of the disease with which they are 
afflicted, to the Mayor or Intendant, in writing. 

Sec. 1009. {-^oO.) It shall be the duty of the Quarantine To reside near 
Officer to reside within or near the quarantine ground ; and he grounds; pow- 
shall have power — ~if)Zii-2. 

1. To remove from the quarantine anchorage ground any ves- 
sel he may deem dangerous to the public health, to any place 
8outli or East of the quarantine ground, inside the bar. 

2. To cause any vessel under quarantine, when he shall judge 
it necessary for the ])urification of the vessel or her cargo, pas- 
sengers or crew, or either of them, to discharge or land the same 
at the quarantine ground. 

3. To cause any such vessel or cargo, bedding, and the cloth- 
ing of persons on board, to be ventilated, cleansed and puritied 
in such manner, and during such time, as he shall direct ; and, 
if he shall judge necessary to prevent infection or contagion, to 
destroy any portion of such bedding or clothing, and, with the 
concurrence of the Mayor or Intendant, any portion of such 
cargo which may be deemed incapable of purification. 

4. To prohibit and prevent all jK'rsons arriving in vessels sub- 
ject to quarantine from leaving quarantine, or removing their 
goods or l)aggage therefrom, until fifteen days after the last case 
of pestilential, contagious or infectious disease shall have oc- 
curred on board, and ten days after her arrival at quarantine, 
unless sooner discharged by him. 

5. To permit the cargo of any vessel under quarantine, or any 
portion thereof, when he shall judge the same free from infec- 
tion anil contagion, to be conveyed to the landing. 



352 CIVIL STATUTE LAWS 

A. D. 1894. ■ 

^—^v ' G. To cause all persons uikKt ((uaraiitiiic to he vacciuated, when 
he deems it necessary for the preservation of the j)ublic health. 

7. To administer oaths and take affidavits in all examinations 
prescribed by this Article, and in relation to any allej^ed viola- 
tion of (jnarantine law or regulation ; such oaths to have the 
like validity and etl'ect as oaths administered by a Trial Justice. 

MaycaiLsenr- Ssc. 1010. {^<'>0.) The Quarantine Officer may direct in 
vtuiutlnK^qtmr- Writing any Sherilf or Constable to pursue and apprehend any 
i"l{uiutil)usf &c^ persoii, not disciiargcd, who shall elope from quarantine, or wlio 

jb., 115, 318. shall violate any quarantine law or regulation, or who shall ob- 
struct the Quarantine Officer in the ])erf()rmance of his duty, and 
to deliver him to said officer, to be detained at quarantine until 
discharged by said officer ; but such confinement shall in no case 
exceed ten days. It shall be the duty of the Sheriff or Consta- 
ble so directed to obey such direction. 

Quarantine Ssc. 1011. (061.) Every vessel during her quarantine shall 

V 6 s s p 1 s dis- 

unguished^ be designated by colors to be fixed in a consjiicuous part of her 

Jb., §14. main shrouds. 

Restrictions Sbc. 1012. {962.) No vessel or boat shall pass through the 

and°iandi'ug''of range of vessels lying at quarantine, or land at the quarantine 

7// 8^5 — grounds, without the permission of the Quarantine Officer. 

Ligiitersnot Sgc. 1013. {063.) Xo lighter shall be emjDloyed to load or 

ioad°quarautin- i^iiload vessels at quarantine without permission of the Quaran- 

ed vessels. — ^j^^g Officer, aud subject to such restrictions and regulations as 

he shall impose. 

Maintenance Sec. 1014. {06Jf.) All persous being on board of vessels 

dur?ng*quaran* ""^^^^' quarantine shall be provided for by the master of the 

vide^ for^^ '"^"" ^'^^^^^ ^^ wliich they shall have arrived. If the master shall 

ihjk;, XIV., 114, omit or refuse to provide for them, or they shall have been sent 

on shore by the Quarantine Officer, they shall be maintained at 

the expenses of such vessel, her owners, consignees, and each and 

every one of them. The Quarantine Officer shall not permit 

such vessel to leave quarantine until such expenses shall have 

been repaid or secured ; and he shall have an action against such 

vessel, her owners aud consignees, and each and every one of 

them, for such expenses, which shall be a lien on such vessel, 

and as such may be enforced as other liens on vessels. 

Criminal pas- Sec. 1015. {'>65.) The Quarantine Officer, upon the appli- 

c^oT tui e"d *o*'n cation of the master of any vessel under quarautine, may confine 

of maintenance' ^^ ^^y Suitable ])lace ou shore any person on board of such vessel 

*•=• charged with having committed an offense iiunishable by the 

laws of this State or the United States, and who cannot be 



OF SOI'TII (AIJOI.INA. 3.53 

~ A.D.IWU. 

socnt'pd on Imard of rik'Ii vessel; and such confinement may '*■ — '< — "^ 
continue (liiriiiL,^ thf (|ii:ii:iiit iiio of siicli person, or until he shall 
be proi'oeded ii^aiii.st in diiu course of law : and thu exjjcnse 
thereof shall be charged and collected as in the last preceding 
Section. 

Sec. 1016. (•''>''.) Any ])erson aggrieved ])y any defision, Ar.pf-<«i no« 
order or iliii'itioii of the Quarantine Uflicer may appeal there- tim-""oni""r"to 
from to the ( I ovcrnor. Attorney-General and Comptroller-General, ."','.""1 ;" Boarj' 
who shall constitute a Board of Appeal, and shall have power to ed^:^p«nv"'ra!jf!' 
atlirni, reverse or modify the decision, order or direction ap- ih.,ivj. 
pealed from, and the decision of the Board thereon shall be final. 

Sec. 1017. {^^'»7-) An appeal to the Board of Appeal must Appc-ai, how 
be made by serving upon the Quarantine Officer a written notice IT" u t^Mu'^pn'il 
of such appeal within twelve hours after (Sundays excepted) ^■<^^<J'"p'""- 
the appellant receives notice of the order, decision or direction 
complained of. Within twelve hours after the Quarantine 
OflBcer receives such notice (Sundays excepted) he shall make a 
return, in writing, including the facts on which his order, 
decision or direction was founded, to the Governor, who shall 
immediately call a meeting of the Board of Appeal and shall be 
President of said Board. Said appeal shall be heard and decided 
within twenty-four hours thereafter (Sundays excepted) ; and 
until such decision is made, the order, decision or direction com- 
plained of, except it refers to the detention of a vessel, her cargo 
or jiassengers at quarantine, shall be suspended. 

Sec. 1018. {■'<>''^.) AVhenever the said Quarantine Officer, in Power of 
the performance of his duties and in the execution of the powers ?tTTo"eufoiw 
imposed and conferred upon him bylaw, shall order or direct y^^^^ 'r or"ejl" 
the master, owner or consignee of any vessel under quarantine p^"^*^- 

' I u., 11(1, S si. 

to remove such vessel from her anchorage, or to do any act or 
thing, or comply with any regulation, relative to said vessel, or 
to any person or thing on board thereof, or which shall have been 
brought to said ports therein, and said master, owner or con- 
signee shall neglect or refuse to comply with such order or direc- 
tion, the said Quarantine Officer shall have power to employ such 
persons and assistants as may be necessary to carry out and en- 
force such order or direction, and the persons so employed shall 
have a lien on such vessel, her tackle, apparel and furniture, for 
their services and expenses. state B.ani nf 

Sec. 1019. {'■>^'>.) The State Board of Health shall super- "uan?n^h,^^"t 
vise and control the (piarantine system of the State. They shall {o"'' »'*''^"'''^ «•'' 
annually, or more often if necessary, require reports from the .|?'^' xvx.,730. 



354 Civil. STATUTE LAWS 

A. n. IKM. ~ ~~ 

'~■~^^ Quarantine Officers, in such form as may be prescribed, in all 

matters pertaining to quarantine. They are authorized to estab- 
lish quarantine by land or sea, under the advice and with the 
consent of tlie Governor, 
saniuiry In- Scc. 1020. {970a.) The Governor is authorized, upon the 
aTiiTy wblfm Julvice and recommendation of the Chairman of the State Board 
"l^^rxx 370 ^^ Health, to appoint Sanitary Inspectors whenever any con- 
tagious or infectious disease shall appear or become epidemic in 
this State or any other State directly connected with this State 
by land or water transportation. 
Duty and p.)w- Soc. 1021. {070b.) The duty of such Sanitary Inspectors 
Tore. ''^ ^'^^' shall be, under the direction and control of the State Board of 
-J^*- Health or its proper officers, to inspect railroad cars, vessels and 
other conveyances ; and they are empowered to stop and detain 
such cars, vessels or other convej'ances, and any or all passengers, 
baggage and freight, when deemed expedient, and to have such 
cars, vessels or other conveyances, baggage or freight disinfected 
or destroyed if necessary to prevent the spread of disease. And 
the said Sanitary Inspectors are hereby constituted officers to 
administer oaths and to arrest all persons violating the sanitary 
laws of the State or interfering with and hindering them in the 
discharge of their duties. 
Appropriation Sec. 1022. {-iTOc.) The expenses for carrying out the pro- 
opayexj)ens€s. ^jgj^j^g ^j- ^|^g jircceding Scction shall be provided for by a con- 
tingent fund of three thousand dollars, which shall be adminis- 
tered by the State Board of Health and disbursed on the order 
of the Chairman of said Board, countersigned by the Governor. 
Governor may, Sgc. 1023. (071.) The Governor may issue his proclamation 
uo'n^'^decTare cleclariug any place where there shall be reason to believe a pes- 
^ace Infected, tileutial, contagious or infectious disease exists or may exist to 
i8(>5, xin.,:jn7; be an infected place within the meaning of this Chapter ; and 

1808, XIV., iiu, , 1 1 J.- 1 • 1 i. 

gjj. may make such regulations as may be necessary m order to pre- 

vent the entrance or spread of Asiatic cholera into or in this 
State. 
When effect of SbC. 1024. {07-^.) Such proclamation shall fix the period 
rea^e%owtime when it shall cease to have such effect; but such period, if he 
^Vb~§2ir — shall judge the public health require it, may from time to time 
be extended, and notice of the same shall be published in all the 
newspapers of said port. 

Vessels frotn 

such Infected Sgc. 1025. {073.) After such proclamation shall have been 

ject to quaran- issued, all vessels arriving in either of the said ports from such 

/bTT25. infe3t3d place shall, together with their officers, crews, passengers 



OF SOUTH CARoIJXA. 355 

A. D IHW. 

and car<?o('s. lie subjcot to all the provisions, rcpnlations and """ v -^ 

penalties of this Ciiapter in relation to vessels sul)je(;t to (piaran- 

tine ; but such quarantine shall not extend l>eyond the period 

when such proclaniiition shall cease to have eirect, aa provided 

hy the last preceding Section. 

Sec. 1028. {'^>"!^.) Wiicrever the words '' Quarantine Officer" (mwr^Cn.-an 

occur in this Article, they shall be understood to mean Quaran- JilrTr"i'iM''iiI-|lu- 

tine Officer or his deputies : Provided, That said deputies shall RnSHalir' 

in ;il! (.-ases be trraduates of a ren^ular medical school. iwii, xiv., 'Jio, 

'^ .81. 

Sec. 1027. ('^<">'^^.) The officer or officers who may be intrusted ^, 

%j\^\j, AVIV, V / J Quarantine 

with the execution of the quarantine laws are authorized and "|"''" '""*' •'"" 

\ . ploy fortM';wfai'n 

directed, in case of a violation or attempt to violate any of the isoo, v., sbs, 8 V. 
said laws, to board, by force of arms, any vessel used in such 
violation or attempt to violate, and to detain lier and her crew 
and })assengers. 

Sec. 1028. (''(SV. ) Any vessel Avhich shall be restrained under May ore upon 

wc^. '«-vr<wwr. ^ ' -^ vessel violating 

quarantine laws and shall attempt to violate the same may be laws. 

fired ujxm, and detained by force of arms. vi., ira, sV. ' ' 

Sec. 1029. v''<^''.''.) When the Governor may deem it necessary, Boats and 
he shall, at the expense of the State, hire and employ boats and beenipioyed™by 
small craft, and a sufficient number of able men, well armed, to fj^rce'iaws!*' *°' 
be stationed wherever he may think fit, and to act under his i^a